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Second A-DWI within 10 Years – White Plains Second Aggravated Driving While Intoxicated Attorney Greco Neyland, PC

Offering Vigorous Defense to Felony Alcohol-Related Driving Offenses

When you are arrested and charged with any alcohol-related driving offense in New York, you face exposure to significant penalties that include loss of your driving privileges, incarceration, steep fines and other consequences. If you have a blood alcohol concentration (BAC) of .18 or above, the stakes are even greater. Motorists with a BAC of .18 or above will be charged with Aggravated Driving While Intoxicated (A-DWI). While a first offense carries serious penalties that include up to a year in jail and a one-year driver’s license revocation, a second offense within 10 years constitutes a Class E Felony.

Penalties and Long-Term Consequences of a 2nd Conviction for A-DWI

When you are convicted of a second offense of A-DWI within 10 years, the potential punishment for this felony offense includes:

  • Up to 4 years of incarceration
  • Fine from $1,000 to $2,500
  • Driver’s license revocation up to 18 months

These types of serious consequences can disrupt your family relationships, career objectives and educational aspirations. Furthermore, a felony conviction for an alcohol-related driving offense can also have other long-term consequences, such as:

  • Negative immigration effects
  • Felony criminal record
  • Loss or suspension of certain constitutional rights (right to vote, right to bear arms, etc.)
  • Denial of financial aid requests
  • Ineligibility for certain state employment licenses
  • Disqualification for promotions
  • Denial of a security clearance
  • Adverse actions by universities or colleges (denied admission/suspension/expulsion)
  • Defense Strategies to Protect Your Driving Privileges and Freedom

While the penalties associated with a second conviction of A-DWI within 10 years are harsh, experienced White Plains DWI criminal defense attorneys can analyze the facts, review law enforcement reports and expose weaknesses in the prosecutor’s case. At Greco Neyland PC, our attorneys are experienced former prosecutors who take advantage of our understanding of the weak points in DWI-related cases. While our specific defense strategies are tailored to the facts and circumstances of your case, we might employ some of the following A-DWI defenses:

Attacking the legality of the stop

Contesting the observations of the officer prior to and during the stop

Pointing out procedural errors in conducting field sobriety tests (FSTs)

Exposing the lack of reliability of FSTs

Revealing reasons other than intoxication for poor performance in FSTs

Demonstrating that your BAC level rose above .18 percent during the interim between the stop and breath test (Rising BAC Defense)

Improper DUI checkpoints that permit officer discretion

Failure of the officer to pay attention during the mandatory observation period prior to a breath test

Exposing factors that may have compromised breath test results (e.g. diabetes, Adkins diet, mouth alcohol)

Lab errors in conducting blood testing

Mishandling of blood samples

Lack of proper calibration of breath testing devices

While these are only a few examples of the types of defenses that might be effective when you are charged with a repeat offense of A-DWI, our experience defending clients charged with intoxicated driving offenses allows us to tenaciously challenge the deficiencies in the prosecutor’s case. Whether we are aggressively cross-examining the police officer or using an expert to expose lab contamination, we are prepared to go to trial unless the prosecutor offers a reduced charge, or a plea bargain on our terms.

Contact a White Plains DWI Defense Attorney Today

At Greco Neyland PC, our White Plains DWI defense attorneys represent clients charged with serious driving offenses. We offer a free consultation, so you should feel free to call us today at (914) 358-9146 or click here to schedule your free consultation.