Tuesday, August 18, 2009

MORE ON DWI IN NEW YORK

The following discussion about DWI in New York is also from the website of the DUI Foundation and their link is above on the title of this post:

"Second Conviction

If charged with a second driving while intoxicated (DWI) offense within ten years of the first misdemeanor, the driver faces Class E felony penalties. The mandatory fine starts at $1,000 and can run up to $5,000. There is a minimum one-year license revocation, but an ignition interlock and alcohol assessment may also be required.

A driver convicted of a second DWI offense will go to jail for at least five days unless they receive a sentence for 30 days of community service in lieu of this mandatory term. The sentence could involve an incarceration period of up to four years.

A second conviction for aggravated DWI within five years of the first offense involves sentencing similar to that of a Class E felony. However, the driver's license is revoked for a longer period of time-at least 18 months.

Although class E felonies carry the lightest sentences of the five felony classes, the minimum jail time for this class is one year.

In short, a driver convicted of a second DWI offense within ten years of the first conviction is looking at:

•Fine: $1,000 - $5,000
•Jail sentence: Five days - four years (or 30 days community service)
•LICENSE REVOCATION: 18 months or more"

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