New York DWI: Second Conviction

If charged with a second driving while intoxicated (DWI) offense within ten years of the first misdemeanor, the driver faces Class E felony penalties. The mandatory fine starts at $1,000 and can run up to $5,000. There is a minimum one-year license revocation, but an ignition interlock and alcohol assessment may also be required.

A driver convicted of a second DWI offense will go to jail for at least five days unless they receive a sentence for 30 days of community service in lieu of this mandatory term. The sentence could involve an incarceration period of up to four years.

A second conviction for aggravated DWI within five years of the first offense involves sentencing similar to that of a Class E felony. However, the driver’s license is revoked for a longer period of time-at least 18 months.

Although class E felonies carry the lightest sentences of the five felony classes, the minimum jail time for this class is one year.

In short, a driver convicted of a second DWI offense within ten years of the first conviction is looking at:

  • Fine: $1,000 – $5,000
  • Jail sentence: Five days – four years (or 30 days community service)
  • LICENSE REVOCATION: 18 months or more

Charged with a DWI in New York?

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