Experienced Second Offense DWI Attorney in Staten Island, NY
Getting charged with driving while intoxicated (DWI) in New York can lead to serious consequences. Getting a second one makes it even worse. You may have been out with friends and didn’t think you drank that much. Maybe you had to drive a buddy’s car that didn’t have an ignition interlock device. It was a mistake, and you don’t want to go through being convicted again. You need a Staten Island second offense DWI lawyer with experience.
The Law Office of Tracy & Tracy provides criminal defense, including DWI. We are a trusted law firm, serving the New York City area. Brendan Tracy spent 13 years as a prosecutor before becoming a criminal defense attorney. He has relationships within law enforcement and local courts, giving him an edge in your second offense DWI case. He was recently elected to the Richmond County Bar Association board.
Alcohol Related Statistics in New York
The National Highway Traffic Safety Administration released data from 2023, citing that 1,114 people were killed in vehicular accidents that involved alcohol in New York State. Of the total, 325 people had a blood alcohol content (BAC) above the legal limit. This is why the state has strict laws about DWI.
Second Offense DWI Laws in New York
The DWI laws are detailed in the New York Vehicle and Traffic Law 1192. A driver can be charged with DWI when their BAC is 0.08% or above. It’s considered aggravated DWI when the driver’s BAC is 0.18% or above. Another serious DWI-related offense is a violation of Leandra’s Law, which took effect in 2009. Under this law, driving while intoxicated or impaired by drugs with a child age 15 or younger in the vehicle may result in felony charges.
Consideration for Second Offense DWI
If you have been convicted of a DWI in the past, some factors need to be considered if you’ve been arrested a second time. These include:
- Whether you have a regular or commercial license. The threshold for arrest is lower for commercial licenses. If you have a BAC of 0.04% or above, you can be charged with DWI with a commercial license.
- The substance that is causing your impairment. New York City Police can test for drugs in addition to alcohol.
- Your age. There is a zero-tolerance law for adults under the age of 21 who are suspected of being intoxicated from drugs and/or alcohol while driving.
- Your prior DWI and when it occurred. It’s only considered your second offense if it happened within 10 years of your last DWI.
Second Offense DWI Penalties in New York
With a DWI on your record, you can face a more serious penalty for your second offense. A repeat DWI conviction can carry substantially harsher consequences than a first offense, including the following penalties:
- Second DWI in 10 years. Class E felony, $1,000 to $5,000 in fines, up to four years in jail, license revoked for one year.
- Third DWI in 10 years, Class F felony, $2,000 to $10,000 in fines, up to seven years in jail, license revoked for one year.
- Second Aggravated DWI in 10 years. Class E felony, $1,000 to $5,000 in fines, up to four years in jail, license revoked for 18 months.
- Third Aggravated DWI in 10 years. Class F felony, $2,000 to $10,000 in fines, up to seven years in jail, license revoked for 18 months.
Don’t face these charges alone. Find a skilled Staten Island second offense DWI attorney who can develop a plan to aggressively advocate on your behalf. Having someone on your side can make a difference in your case.
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FAQs
What Should I Do If I’m Arrested for My Second DWI in New York?
Whether you are driving on the Staten Island Expressway or traveling along Hylan Boulevard when you are pulled over, the first thing you should do is hire a second offense DWI lawyer. You don’t want to make a mistake or say the wrong thing. Comply with the officers, but don’t answer their questions until you have an attorney present. Being arrested is different from being convicted. You don’t want your behavior in custody to be brought up later.
Do I Have to Consent to a Chemical Test If I’m Stopped by the NYPD?
If you refuse to consent to a chemical test, you can face severe consequences. A chemical test can be a breathalyzer, blood draw, or urine test, depending on the suspected substance. By refusing these tests, you can be arrested, fined, and have your license immediately revoked. The police officer can get a court order to do the test, which can make your situation worse.
How Much Does a DWI Lawyer Cost in Staten Island?
The cost of a DWI lawyer can depend greatly on your unique situation and the charges you are facing. Gathering additional evidence and discussing the case with the prosecutor can take time, which can add up. If your attorney can get your charges reduced or dropped, it may be worth the cost to save your reputation and criminal record.
How Do I Get My DWI Dismissed in New York?
There are a few ways your knowledgeable second offense DWI lawyer can get your case dismissed. There may be an issue with probable cause. Your chemical test could have been conducted on faulty equipment, giving an unreliable BAC. The procedures by the New York City Police may have been completed incorrectly.
Hire a Second Offense DWI Attorney in Staten Island
At The Law Office of Tracy & Tracy, we’re dedicated to advocating for you during your second offense DWI case. We come highly recommended by our former clients, who say we’re professional, understanding, and responsive. We can answer your questions and work as a team to address your concerns. Contact us today to schedule a consultation, and let us show you how we can defend you, so you can put this difficult time behind you.
