In New York what are the consequences of a second DWI? 4 Answers as of April 14, 2011

What happens after I get a 2nd DWI in New York?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However your question is too general, I would need further details such as the exact charge for the first DWI- felony or misdemeanor ?, your prior record then and now, your age then and now ., and whether the 2 DWI were within 10 years of each other and other factors. You should hire an attorney.
Answer Applies to: New York
Replied: 4/13/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You may have to use an interlock device or not drive until the court allows you to, which can be several years. You will be placed on probation or even face jail time, especially if this DWI is a felony.You will pay a fine of about $1500 and your legal fees will probably be the same or more. Your insurance will probably be about $5,000 a year or more and if you injured someone with an accident you could face a year or more in jail and not be allowed to drive for several years by DMV or the judge. You should retain a criminal attorney to handle the case. Feel free to call for a consultation.
Answer Applies to: New York
Replied: 4/12/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
It will depend upon whether you pled guilty to the first DWI or not. If you received a downward plea to a DWAI, an Impaired, then you may get the chance to plead guilty to only a DWI as a Misdemeanor. However, if you've already pled guilty to a DWI as a Misdemeanor the first time, then the DA has the chance to increase the pending charge to a felony which carries up to four years in state prison. It would be best for you to hire an experienced attorney who works in the criminal defense field in your local area and fight this one strenuously. Good luck.
Answer Applies to: New York
Replied: 4/12/2011
Law Offices of Carl Spector
Law Offices of Carl Spector | Carl Spector
A second DWI charge if your first was within 10 years could be elevated to a felony in New York. Please see #2 below.

If your second is not to be treated as a felony then use the information #1 below.

1. Second Offense DWI or DWAI-Drugs Within 5 Years (treated as a misdemeanor):*
- A fine of no less than $1,000 and no more than $5,000.
- Mandatory jail time of at least 5 days or at least 30 days community service, or possible prison time of up to 4 years.
- Loss of license for at least 1 year.
- Ignition Interlock device.

*2. Second Offense DWI or DWAI-Drugs Within 10 Years (treated as felony):*
- A fine of no less than $1,000 and no more than $5,000.
- Possible prison time of up to 4 years or probation.
- Loss of license for at least 1 year.
- Ignition Interlock device
Answer Applies to: New York
Replied: 4/14/2011
Click to View More Answers: