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What Will Happen If I Receive a Second-Offense DWI in New York?

A first-offense DWI is a serious matter, meaning that a second-offense DWI is taken even more seriously. New York courts show no mercy to repeat offenders and impose a strict set of penalties. Find out what charges you may be facing for a second-offense DWI and how a proficient Spring Valley DWI defense lawyer at The Law Office of Kevin T. Conway can help you navigate your situation.

Under what circumstances can I be charged for a second-offense DWI? 

In the state of New York, a second-offense DWI is considered a class E felony. You will be considered a repeat offender if you are caught driving while intoxicated for a second or subsequent time within 10 years of your first conviction. Specifically, this is so if you fall under the following categories: 

  • You are over the age of 21 and you have been documented with a blood alcohol content (BAC) of 0.08%. 
  • You are under the age of 21 and you have been documented with a BAC of 0.02%.
  • You are a commercial vehicle driver and have been documented with a BAC of 0.04%. 

What are the consequences of a second-offense DWI? 

As a felony, your case may be referred to the grand jury. If they return an indictment against you, the case will get transferred from the justice court to the county court. As for your charges, you may be facing the following: 

  • A state or a local prison sentence of up to four years. 
  • A possible sentence of probation of up to five years.
  • A revoked license for a minimum of one year.
  • A fine of up to $5,000. 

If you require assistance in fighting off these charges, do not hesitate in reaching out to a talented Rockland County criminal defense lawyer today who will defend you every step of the way.

Can I get a conditional license for my second-offense DWI?

A conditional license allows you to drive to work, school, or medical appointments while paying the consequences of your DWI. After your first-offense DWI, you are eligible for this conditional license, so long as you participate and pass the Impaired Driver Program. However, for your second-offense DWI, if you were eligible for this program and did not do so within the previous five years, you will not be eligible for a conditional license. Instead, you will have to serve the full term of your suspension or revocation. And then once this term is completed, you will have to reapply to the Department of Motor Vehicles for a new driver’s license. 


Attorney Conway is a Spring Valley criminal attorney and is also experienced in commercial law matters, zoning law, and estate planning. Contact The Law Office of Kevin T. Conway for a free consultation today.

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