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Attorney Bryan E. Cameron

Repeat DWI offenders face stiff penalties in New York

On Behalf of | Dec 3, 2021 | DUI

New York State has some of the strictest rules for repeated DWI offenders in the United States. If you are arrested for DWI in New York, you can expect to face some tough restrictions and even jail time unless you mount a sound defense.

Impairment may not be apparent

Alcohol delays your reaction time, so drivers are often impaired before reaching the legal blood alcohol limit. It also reduces your ability to recover from the glare of headlights, making nighttime DWI even more dangerous. In New York State you can be charged with DWI under the following circumstances:
Aggravated driving while intoxicated (AGG-DWI0
Driving while intoxicated (DWI)
Driving while impaired by alcohol (DWAI)
Driving under the combined influence of alcohol and drugs

Blood alcohol content {BAC) measures the percentage of alcohol in the blood. A BAC of .05% or more indicates that a driver is impaired, while a level of .08 indicates that someone is legally intoxicated. A BAC level of .18% or more indicated aggravated driving while intoxicated.

Blood alcohol content and the law

Three factors determine BAC:
How much your drink
How much time passes between the drinks
Your weight

The amount of alcohol you consume is the crucial factor here. The type of alcohol does not make a difference.

What happens if I am arrested for a repeat offense?

Repeat DWI offenders are subject to at least a Class E felony, which carries an 18-month minimum license revocation, a maximum fine of up to $5,000, and a jail sentence of up to four years. As you continue to amass DWI offenses, the consequences mount too, which is why you need to understand your DWI consequences.

Attempting to mitigate the consequences

The biggest fear for DWI offenders is losing their licenses. Repeat offenders can face:
Lifetime record review by the DMV
Permanent license revocation
Delayed re-licensing, driving restrictions, and interlocks

Beating these charges can be difficult. Examining your options from every angle is necessary to help you retain at least some driving rights.