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What you need to know about third offense DWI in New York State

On Behalf of | May 24, 2021 | Traffic Violations

Three or more DWI-related convictions in New York State within 10 years can result in a permanent revocation of your driver’s license. And while you can request for a waiver after five months of revocation, it is important to understand that the DMV has the final word for when and whether you will get your driver’s license back.

So, what penalties are you likely to face when convicted of DWI in New York State for the third time?

Jail term and fines

A third DWI conviction within 10 years in New York State carries one to seven years of prison term and/or a fine of $2,000-$10,000. However, if you get three DWI convictions within five years, you will receive a mandatory minimum sentence of 10 days behind bars.

Community service

The judge may order the defendant to perform 60 days of community service for a public or non-profit organization as an alternative punishment for a third DWI conviction within a 5-year period.

License revocation

When you have been convicted three times for DWI, refusals, or a combination of convictions and refusals within a 4-year period, you may have your license permanently revoked. However, the DMV may lift this revocation after five years if you meet these conditions:

  • Comply to a chemical test during the five years when your license is under revocation
  • Are not convicted of any DWI-related offense during the five years when your license is under revocation, and
  • Prove that you have successfully completed a rehabilitation program

Upon meeting these conditions, you will be entitled to a conditional license after the mandatory three-year revocation period.

Ignition interlock device

When you have been convicted of DWI for the third time within five years, you will be required to install and maintain an ignition interlock device (IID) in any vehicle you own or operate.

Drunk driving penalties grow in severity with each repeat offense. Having a New York DWI lawyer represent you at the early stages of your legal dilemma can greatly improve your ability to make informed decisions, safeguard your rights, and, where possible, help you obtain conditional privileges while awaiting the outcome of your case.

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