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Posted on in DWI

New York DWI Defense AttorneyFor those who have experienced the consequences of driving while intoxicated firsthand or know someone who has, it comes as no surprise that there are serious penalties for the decision to drive drunk. These penalties only intensify when there is a repeated offense, and these effects have the power to wreak substantial havoc on the offender’s reputation, home life, and finances. When it comes to being accused of driving while intoxicated (DWI), however, certain tactics the police may use may create circumstances that stack all the odds against you, leaving little room for your defense. This can be especially difficult if you already have an existing DWI on your record. 

How Are Repeat DWI Offenses Addressed?

Unlike an offense of driving while ability impaired (DWAI), which implies your blood alcohol content level (BAC) is at least 0.05 but no more than 0.07 and that your driving ability is impaired, a DWI indicates a higher BAC and that you are intoxicated. Two or more of these heightened DWI violations can quickly demolish a driver’s record. The penalties for the variety of alcohol and drug-related violations here in the state of New York are diverse, ranging from hefty mandatory fines and the loss of driving privileges to jail terms. Repeat offenses are treated as either misdemeanors or felonies, depending on the circumstances, and the penalties are determined based on the number of repeat offenses within specific periods of time. 

For example, a second DWI violation within a ten-year timeframe results in a Class E felony with fines up to $5,000 and a maximum jail term of up to four years, while a third DWI violation is deemed a Class D felony with fines up to $10,000 and a maximum jail term of seven years. As you can see, the fines and jail time increase as the repeat offenses pile up. If you are facing accusations of multiple DWI offenses, here are some other general penalties you can expect to come up against:

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Brooklyn DWI defense attorney out of state arrestIt is not uncommon for a New York resident to get arrested for Driving While Intoxicated (DWI) while driving in another state. However, most people do not understand the consequences of an out-of-state DWI on their life in New York.

An out-of-state DWI conviction can affect many aspects of your life, including:

  • Your New York driver’s license
  • Your current and future employment, particularly in civil service jobs
  • Professional licensure, if you are a healthcare professional or work in another occupation that requires a state-issued license
  • Your auto insurance rates
  • A criminal record that will appear on background checks

For the purposes of this article, the term DWI includes driving while ability impaired by drugs or a combination of drugs and alcohol. 

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