Third Offense DWI or DUI in New York

A third offense DUI in New York, sometimes referred to as a DWI or Driving While Impaired charge can be very serious and costly. As in all states any BAC or blood alcohol concentration of over 0.08 is considered legally intoxicated and significantly higher penalties occur if you are significantly over this limit or if involved in an accident. You can also be charged with DUI or DWAI (Driving While Ability Impaired) can also count as a third offense DUI in New York.

Administrative Penalties

The administrative penalties for a third offense DUI in New York can range between two thousand to ten thousand dollars. Other associated costs such as a legal fees, mandatory conviction charges, court costs and working through getting your driver's license back and then subsequent yearly charges can significantly add to the cost. Your license can be revoked for a minimum of one year.

Criminal Penalties

The third offense for DUI or DWI is eligible for a long term jail sentence. New York provides judges with the ability to sentence up to seven years in jail on a third offense. This jail sentence is in addition to all the administrative penalties and fees you may be assessed.

The Lookback Period

The state of New York uses a 10 year lookback period or the time in which they consider other similar offenses in determining sentencing. A third offense DUI in New York that happens in less than five years of the first DUI conviction typically has the highest administrative and criminal penalties, even if there was no accident involved.

Felony vs. Misdemeanor Crime

New York considered the first DUI charge to be a misdemeanor providing there were no serious injuries, major property damage or no deaths resulting from driving impaired. The second and third charges for DUI are considered to be Class D felony offenses.

Plea Options

Pleading guilty to a third charge of DUI is a serious consideration both with regards to jail time as well as fines imposed. Pleading not guilty allows the case to go to court, where your attorney can provide information that may lead to a reduced charge or even an acquittal. Plea bargaining from a DUI to a DWAI is also a possibility in the state on a first offense, but is less likely on a second or third charge.

Obtain Legal Advice

Getting a qualified, experienced DUI attorney involved in any case as early as possible is the best way to ensure the best outcome for your case. Your attorney can provide information on your plea options as well as information about the trail process should you choose to proceed.