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What penalties can drunken driving defendants face in NY? And how can an attorney help? P.2

Previously, we began looking at the penalties that drunken driving can face in the state of New York. As we noted, the specific penalties imposed on an offender—both in terms of jail time and fines, as well as license suspension or revocation—depend upon the specific charges against the driver and his or her criminal history.

Another factor to consider as well when it comes to drunken driving penalties is that additional penalties can be imposed when there are multiple convictions within certain periods of time. For instance, more severe penalties can be imposed in cases where the offender has had multiple drug or alcohol violations within a 25-year period of time. 

Offenders who accumulate three or more alcohol or drug-related convictions or test refusals within a ten-year period can end up with a permanent license revocation, though waiver requests may be submitted after five years. Also, drivers who have an Aggravated DWI conviction within the previous 10 years and who are convicted of drunken driving or aggravated drunken driving will receive a minimum 18 month license revocation.

The same minimum license revocation period applies to drivers with certain drunken driving convictions within the previous ten years. In addition, drivers with three or more convictions of certain drunken driving offenses within the previous 15 years can be charged with an enhanced Class D felony, which entails greater penalties.

In any drunken driving case, of course, it is critical to work with an experienced criminal defense attorney to build the strongest possible case. An knowledgeable and skilled attorney will not only understand the consequences of criminal charges, but will also know what issues to investigate, what evidence to highlight, how to hold the state to its full burden of proof, and how to work toward minimizing the consequences any charges and convictions may have on the defendant. 

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