What Happens if You Get a Second DUI in New York?

dui new york ny

Few proceedings are as humiliating as charges for driving under the influence of drugs or alcohol. Even worse, this is the second time you face such allegations. It might seem like the prosecutor, judge and jury have prejudged you as guilty. However, you still have options. To learn more about what happens if you get a second DUI in New York, please continue reading, then contact an experienced Nassau County DUI lawyer today.

What are the consequences of a second DUI in New York?

Naturally, repeat DWI and DUI offenses carry harsher penalties than a first offense. If law enforcement has charged you with your second DWI or DUI within a ten-year period, you may face the following penalties:

  • A Class E Felony conviction
  • License revocation for at least one year
  • A fine between $2,000 and $5,000
  • A jail or prison sentence of up to four years
  • Potential participation in the Drunk Driving Program (DDP)
  • The required installation of an ignition interlock device upon restoration of your license

We would be remiss if we did not also inform you that the county in which you allegedly committed your offense may file a civil lawsuit against you for forfeiture of the vehicle you were driving at the time of the incident.

Can anything aggravate a second DUI conviction in New York?

You should be aware that the Empire State is what is known as an “implied consent” state, meaning those who drive its roads and highways are expected to submit to chemical testing in the event of a traffic stop for drunk driving. Thus, refusal to submit to chemical testing will result in further penalties, even if you are eventually acquitted of the underlying DWI or DUI. If you refuse a breath test within five years of a previous DWI-related charge, you will have to pay a $750 civil penalty and endure a revocation of your license for at least eighteen months. Additionally, the DMV will require you to pay an annual driver responsibility assessment of $250 for three years.

Those who are facing a second DUI charge should strongly consider retaining the services of a skilled Nassau County criminal defense attorney today.

What can a Nassau County DWI/DUI lawyer do for you?

While it may not always feel that way, defendants in the United States are presumed innocent until proven guilty. A seasoned criminal defense attorney will help maintain that presumption. He or she will argue that law enforcement had not properly calibrated the testing equipment and/or failed to conduct the field sobriety test in the manner prescribed by state and federal law. If so, law enforcement may have to downgrade or dismiss your charges. You have rights. Let us defend them.


If you are facing any criminal or traffic matter, contact us today to schedule your first consultation.

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