One of the most unfortunate tendencies of drivers who already have DWI convictions on their records is ignoring the option of fighting subsequent charges. DWI law is not the only area where this is the case, but it is one of the most common. Unfortunately, a conviction for a repeat offense will usually come with severe penalties.
If you are facing charges for a second, third or subsequent DWI offense, then the advice of a White Plains DWI attorney may prove invaluable. Darren DeUrso, Attorney at Law has more than 25 years of legal experience, and he can help you understand what is at stake, as well as how to proceed in fighting the charges. To schedule a consultation, call us today at 914-772-8614, and read on for more information about subsequent DWI charges.
Higher Fines, Longer Jail Time and More for Repeat DWI Convictions
According to the Department of Highway Safety and Motor Vehicles, repeat DWI offenses in New York come with increased penalties that cost a significant amount of money and can seriously jeopardize your ability to drive. A conviction will also add to your criminal record, which can complicate other areas of life including employment and traveling overseas.
Second-time DWI offenders may face significantly higher fines than first-time offenders. Instead of the standard $500 fine, which is what first-time offenders typically face, a second conviction comes with a minimum fine of $1,000, which can easily scale up to $5,000 depending on the circumstances of the case.
The chance of jail time also increases with each subsequent DWI offense; for a second-time DWI conviction, a sentence can be for as long as four years. While a strong defense strategy may be able to reduce jail time, the risk of prison is even greater when it comes to a second potential conviction.
Perhaps one of the most troubling aspects of subsequent DWI charges is the risk of becoming a convicted felon. Second-time DWI charges are Class E felonies, and a third DWI charge is a Class D felony, which comes with as much as $10,000 in fines and seven years in prison.
What are the chances of successfully fighting a subsequent DUI charge?
Though it may seem like you do not have many options when it comes to fighting repeat DWI charges, you still have the opportunity to make a case for reduced penalties. Depending on the circumstances, you may even be able to ask the judge to throw out the charges altogether.
Even though you may have a record with one or more previous DWI convictions, it is still the state’s responsibility to prove that you were intoxicated and in active control of the vehicle at the time of the arrest. There may be several defenses that could work in your favor.
If you would like to speak with an experienced White Plains DWI lawyer, contact Darren DeUrso today at 914-772-8614.