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What is the Penalty for a Second-Offense DWI in White Plains?


— August 15, 2022

According to the New York DMV, a second-offense DWI will result in a Class E felony. This involves a mandatory fine of at least $1,000 and a jail sentence of at least five days.


Most people correctly assume that as long as no one was seriously injured, a first-offense DWI is not the end of the world in White Plains. But what about a second-offense DWI? Suddenly, the court no longer gives you the leniency of a first-time offender, and you may face a very different situation. The logic is that if you’ve continued your behavior after your “slap on the wrist,” then a more drastic approach is necessary. 

This is when you really need to get in touch with DUI lawyers in New York. These legal professionals can assess your situation in detail before recommending the best course of action based on your unique circumstances. With their assistance, a second-offense DWI can be handled in a much more confident manner, allowing you to approach this daunting situation while mitigating a range of potential legal consequences. It’s always a good idea to book your consultation as soon as possible after you have been charged. 

What Happens After a Second-Offense DWI in New York?

According to the New York DMV1, a second-offense DWI will result in a Class E felony. This involves a mandatory fine of at least $1,000 and a jail sentence of at least five days. However, the jail sentence can be avoided if the defendant received 30 days of community service instead. Finally, your license will be revoked for at least one year, and an ignition interlock system may be ordered. 

That being said, the consequences can be much worse under certain circumstances. For example, the maximum penalty for a second-offense DWI is a $5,000 fine and up to four years in prison. In addition, your license may be revoked for a maximum of 18 months instead of one year. 

So when might you face more serious penalties for a second-offense DWI2? The court will consider the exact circumstances of your crash, including:

Police in Connecticut administer the one leg stand test to a driver after a crash. Photo by Versageek, courtesy of Wikimedia Commons. CC BY-SA 3.0
  • Whether other vehicles were involved
  • Whether other people were harmed
  • Your BAC level
  • Whether you cooperated with police
  • How much property damage you caused

There are many factors that may impact the final decision, and your attorney can help show that you deserve a more lenient sentence. 

Where Can I Find an Attorney Near Me?

If you’ve been searching for a qualified, experienced DWI attorney in White Plains, look no further than Darren DeUrso, Attorney at Law. Over the years, we have helped numerous defendants in the Empire State – including those who have been accused of DWIs. We know that the situation changes considerably when you face a second-offense DWI. But you’re not alone in this fight. With our help, you can strive for the best possible results in a confident manner. Book your consultation today to get started with an effective action plan. 

Sources:

  1. https://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations
  2. https://www.foxbangor.com/national-news/paul-pelosi-pleads-not-guilty-to-dui-charges-months-after-crashing-porsche-in-california/

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