DUI – 2nd and 3rd Offenses in Brooklyn

Are You Facing a 2nd Or 3rd DUI Offense?

DUI (DWI) convictions carry heavy penalties. Lawmakers in New York have continued to increase penalties for all drunk driving offenses, and those who are alleged to be "repeat offenders" are in very serious legal trouble. Driving drunk or impaired is a criminal offense, not a traffic violation. It's bad enough if you have been convicted just once, but if you are charged again, the penalties the court could impose upon you could be life changing. You should contact a Brooklyn criminal defense attorney if you have been arrested for a second or third DUI. It is imperative that you have fast action and intervention by a high quality, aggressive defender that is a skilled trial lawyer, and also has a proven track record of success in court.

2nd DUI

Minimally, you will experience increased fines if you are convicted for a DUI a second time within 10 years of the first conviction. While the first offense may cost $500 to $1000, a second DUI will have fines that can range from $1000 to $5,000. And while first DUI offenses are usually charged as misdemeanors, a second DUI could be filed as a felony drunk driving charge, a Class E offense. Additionally, you could face a penalty that includes serving time in state prison for up to 4 years and probation for five years. There might also be other fees incurred, such as $250 a year for three years to the DMV for the Driver Responsibility Assessment, and/or a $295 surcharge fee. Your driver's license will be revoked for a minimum of 18 months if your BAC level was at .18 or higher. In order to have your license reinstated, you will have to meet certain requirements. These requirements could include finalizing any unpaid fines and presenting to the DMV and the court your application for reinstatement, along with any supporting documents. Most likely, there will be a fee. And your case will be reviewed in order to determine if you will be deemed eligible for reinstatement of your license.

If you are convicted of a second DUI within five years of your first DUI, you can face additional penalties, including a minimum of 5 days in jail or 30 days of community service. You will also have to install an ignition interlock device on every automobile you own or drive, once you are allowed to drive again.

3rd DUI

If you are convicted of a third DUI within ten years of the first one, the charge will be classified as a Class D felony. The fines can increase from $2000 to $10,000, time served in the state prison increases up to 7 years, a probation period of five years, and your driver's license revoked for up to 18 months. In order to get your license reinstated, you will have to provide evidence to the DMV that you have successfully completed a drug or alcohol rehabilitation program. There are also additional fees possible, such as the $295 surcharge and the $250 per year for three years for the Driver Responsibility Assessment.

If you are convicted of a third DUI within five years of a first offense, the additional penalties can include 10 days in jail or 60 days of community service. You will be required to install an ignition interlock device on all cars owned or driven by you once allowed. You should note that if you have three DUI's within five years, the court is very unlikely to sentence you to the minimum prison term; rather, you will quite likely be facing the maximum allowed by law.

Any charges of DUI are serious, but especially if you have been charged two or three times in five to ten years from the first offense. It is imperative to contact a Brooklyn criminal defense attorney at The Law Offices of David E. Levine. Knowing how to uncover police errors in procedure is just one tool that can make the difference in whether you will be spending time in prison and paying large fines or not. You will want an experienced attorney who knows how to get the best results, and we have the knowledge and extensive experience necessary to help you to fight to defend against charges.

Contact us now for a fast response.