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Resolving Repeat DWI Offenses Under New York Law

Understand the Consequences of a Second or Third Drunk Driving Offense

If you have been arrested for DWI in Westchester or Rockland with a prior drunk driving conviction on your record, you could be facing felony charges. To learn about your most promising options for resolving the case on favorable terms, contact the law firm of Greenspan & Greenspan in White Plains or New City.

Call 914-290-4403 or 845-617-5404 for a Free Case Evaluation

Repeat DWI offenses generate serious consequences. Even a second conviction within a 10-year period will be punished as a Class E Felony, which provides for the following penalties:

  • Imprisonment for up to 4 years, with a mandatory sentence of 5 days in jail or 30 days of community service
  • Fine between $1,000 and $5,000
  • Driver's license revocation for at least 1 year
  • Mandatory installation of an ignition interlock device on your car for at least 6 months or the duration of probation or any conditional discharge for offenses committed after August 10, 2010

For a third-offense DWI conviction within a 10-year period, the driver is facing a Class D Felony, and roughly double these penalties will apply, including a mandatory jail sentence of 10 days or 60 days of community service.

As defense attorneys, Greenspan & Greenspan's job in negotiating a plea deal for repeat DWI cases is to fight for you to obtain a punishment that falls as close as possible to the low end of these penalty ranges.

We can also explore the possibility of a defense based on problems with the traffic stop, the arrest or the toxicology evidence, just as we would for a first offender. Because plea options for New York DWI charges are usually limited, your most effective potential defense might be found in facts indicating that the offense should not have been charged to begin with.

To learn more about our approach to client service in repeat DWI cases in Westchester or Rockland County, contact Greenspan & Greenspan in White Plains or New City for a free telephone consultation.

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