Charged with Multiple DWI Arrests in New York?
In the criminal justice system, specific crimes have minimum and maximum sentences, barring mitigating circumstances. For example, the penalties for a violent crime may be more severe if a weapon was involved or the defendant had a prior record.
The same holds true for driving-while-impaired offenses in New York. If the individual repeats the same crime more than once, the penalty rises, in hopes of being a deterrent and to keep an offender from committing the same mistake twice.
New York has strict penalties for even the first DWI, and if it happens more than once, the penalties get harsher.
If you have been arrested for DWI in Westchester County, NY, and you have prior intoxicated driving charges that threaten harsher penalties, DON’T ASSUME THE WORST!
POSSIBLE DEFENSES FOR MULTIPLE DWI CHARGES
As an experienced Westchester DWI Lawyer, I know the complexities of DWI cases and the possible defenses that may apply to your case. These arguments can sometimes include:
- Previously unresolved challenges to your prior DUI / DWI convictions
- Examining the reliability and/or admissibility of the police test(s)
- Considering any violation of your constitutional rights, including illegally obtained evidence
- Reviewing any dash-cam video of your driving, or body-cam video of your interaction with the police.
This is why you need to call Defense Attorney Michael Litman today! You likely have options that can greatly improve your defense and help you challenge the harsh sentencing penalties associated with multiple DWI / DUI offenses in Westchester County.
Overview: Possible Penalties in Westchester County for Multiple DWI Offenses
You need to know what you may be facing if convicted of multiple DWIs in New York. The penalties are harsh, but these punishments don’t have to be your future!
There may have been irregularities with your case or circumstances that can aid in your defense. The only way you will know your full range of options is to contact DWI Defense Lawyer Michael Litman now.
First DWI Offense
For an individual charged with DWI with a blood alcohol content (BAC) of .08 or above, with a refusal, or being impaired by drugs as their first offense, no jail time is required. However, it is within the Court’s discretion to sentence the offender to a maximum of one year in jail or three years on probation. The offense is charged as a misdemeanor. If convicted of a misdemeanor DWI, it is mandatory that an ignition interlock device be installed on the driver’s car, and fines are $500-$1,000 for a BAC between .08 and .18, and increase to $1,000 to $5,000 for BACs above .18. Additionally, the Court does require any individual charged with a DWI to get an evaluation for alcohol or substance abuse problems, and may require treatment if recommended. There are also mandatory programs that will need to be completed as part of any DWI sentence. If you plead guilty, or are found guilty of a misdemeanor DWI, it is a crime, and it will go on your record and stay on your record as a criminal conviction.
Second DWI Offense
The penalties increase for the second DWI offense. If there is a DWI offense recorded in the last 10 years, the criminal penalties include a maximum of four years in jail or five years on probation. The second offense may be considered a Class E felony. Fines can range from $1,000 to $5,000, and the offender’s license may be suspended for up to one year. Drivers are required to install ignition interlock devices for when they resume driving, and the judge may also order community service.
Third DWI Offense
The third DWI offense, within 10 years, is considered a Class D felony, and offenders may be sentenced to up to five years of probation or up to seven years in prison. Fines for the third DWI offense in a ten-year period range from $2,000 to $10,000, and the offender’s license is required to be suspended for at least one year. In some cases, the penalty will be much longer, and licenses will not be eligible for renewal for at least five years. The vehicle will require an ignition interlock device for at least five years after that.
DMV Penalties for Chronic DWI
For drivers convicted of multiple DWIs, with a minimum of three if there are aggravated circumstances, the laws become much stricter. The DMV began suspending licenses for individuals in 2012 and thus far have invalidated more than 7,000. For drivers with more than five DWI offenses, the penalty is a lifetime license ban. The number of drivers ineligible for ever renewing their licenses has risen to almost 4,000, For drivers with only three DWIs but who have also committed a major crime, including causing a DWI fatality, some have also received a lifetime ban.
In addition to lifetime bans, nearly 4,000 additional drivers are legally ineligible to renew their licenses for five years, and may then drive only to work or doctor’s appointments; many were forced to install ignition interlock devices.
How Lawyer Michael Litman Has Helped Others with Multiple DWI Arrests
If you have been arrested for DWI in Westchester County, NY, and are facing the potential punishments of a repeat offender, you want to know your lawyer has helped others like you.
Consider the following case:
DWI, DWAI and Traffic Violation Charges – Acquittal of the DWI After Trial
Client charged with misdemeanor DWI, violation DWAI and traffic infractions in Nassau County found Not Guilty of the DWI after trial: Our client was driving his car to work in the pre-dawn hours of the day, when he was pulled over for not having his headlights on. Our client was then arrested for DWI and charged with several traffic infractions. The Nassau County DA’s Office was not willing to offer a reduction of the charge and wanted our client to go to jail for nine months, even though the BAC was .09, because he had multiple prior criminal convictions. At trial, we hired an expert in the field of breath testing to testify on our client’s behalf.
After effectively cross-examining the breathalyzer technician, and teaching the jury about the problems with the breathalyzer machine, the jury realized that the DA did not prove that our client was intoxicated. After the jury deliberated for two days, they returned a verdict of not guilty on the DWI charge and instead convicted him of the violation DWAI, thereby limiting his exposure to jail time. With the misdemeanor DWI acquittal, the judge sentenced our client to community service for the violation DWAI. (People v. G.L.)
Lawyer Michael Litman has successfully defended hundreds of clients in DWI cases and can fight to do the same for you. Contact us today for a consultation: contact us online or call us at (914) 268-6855.
“I think this is the best result I could have hoped for considering my situation.”- Former Client
“I found his services exceptional.”- Former Client
“I'm completely satisfied and once again thanks wish you luck and success on your extraordinary career!”- Former Client