Third Offense DWI Penalties
What are the Penalties for a Third DWI Arrest in New York State?
Check out the following educational legal video about third offense DWI penalties by Daniel J. Chiacchia, an experienced Hamburg DWI lawyer to learn about the penalties associated with a third-offense DWI in New York.
If you incur a third DWI charge within 25 years, you’ll face some truly draconian administrative penalties. Under new DMV regulations, a third DWI conviction within 25 years will result in the loss of your license for five years. You may be entitled to get a license after that But, if you do, you’ll be required to keep an ignition interlock device on your car for five years, and that can be very expensive. Sometimes, if a driver has three convictions within 8 or 10 years, they can say, “We’re not giving you a license at all,” and they can impose a lifetime ban.
On top of that, you must also deal with the criminal prosecution part. If your third DWI occurs within 10 years of a previous one, and that prior one was a misdemeanor, the current one will carry a felony charge. If you had no valid license at the time you were charged with that third DWI – perhaps your license was revoked for a previous DWI or driving while ability impaired by drugs incident – and you don’t have your license back yet, you can be charged with felony aggravated unlicensed operation. All felonies, right?
Depending on the timing of these events, you could be charged with an E or D felony and face four to seven years of state prison time. Some judges do send people to state prison for multiple DWI offenses. It’s being taken very seriously in the courts and by our legislature, so people need to be aware of that.
If you’re arrested for DWI for a third time, you’re facing serious charges. It’s important to retain an experienced Hamburg DWI lawyer as soon as possible to help protect your freedom and minimize your consequences against third offense DWI penalties. Contact Chiacchia & Fleming, LLP to schedule a free confidential consultation today.