First-Offense DWI vs Second-Offense DWI or DWAI in New York

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First-Offense DWI vs Second-Offense DWI or DWAI in New York

First-Offense DWI vs Second-Offense DWI or DWAI in New York

A first-offense DWI, sometimes called a DUI (driving under the influence), where the driver has a BAC of .08% or more (up to.18%) carries an administrative license suspension of at least six months (one year for drivers with a BAC of .18% or more or for drivers under 21 years old).

A DWI is considered a second-offense if you had a prior offense within the past ten years. DWAI’s involving drugs or a combination of drugs and alcohol also have a ten-year second-offense look-back period. However, the second-offense look-back period for DWAI’s involving only alcohol is five years.
It’s important to note that New York has multiple look-back periods. Depending on your situation, the look-back period could be four, five, ten, or 25 years. Consult with a New York DWAI attorney to find out which look-back period applies in your case.

According to the New York Department of Motor Vehicles, 33% of all fatalities are due to drunk drivers Because of this, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.
New York has established severe penalties for DUI. The reason for the severity is not only to punish people who have been arrested for driving drunk, but to set an example to those who haven’t yet. That way, if they are ever in a position where they are considering drunk driving, they will think better of it. And the penalties become even more severe for second- and third-time offenders:

New York first-offense DWI Laws

  • $500 – $1,000 fine
  • Up to 1 year in jail
  • Minimum 6-month license suspension

New York second-offense DWI Laws(within 10 years)

  • $500 – $1,000 fine
  • Up to 4 years in jail
  • Minimum 1-year license suspension

At Serino, MacKay and Berube we have handled thousands of DWI cases of the course of our careers and more importantly have brought hundreds of these cases to either trial or hearing.  When looking for the right attorney experience matters come in and meet with one of our attorneys for a free consultation on your matter today.  


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Serino, MacKay & Berube PLLC

12 Walker Rd.

Poughkeepsie, NY 12603

Phone: 845-462-0001

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