Available 24 Hours / 7 Days A Week
Call Now For A Free Consultation: (914) 358-9146

Second DWAI Violation within 5 Years

New York DWAI Defense Attorneys

If you have a prior conviction for driving while ability impaired (DWAI), which means that you likely had a blood alcohol content between .05 and .07 percent when the legal limit is .08%, the stakes are extremely high if you are arrested for another violation within five years. The punishment for a second offense of DWAI-Alcohol within five years potentially includes:

The loss of your driving privileges; and

Jail time for a period that is double that of a first offense.

Specifically, a second conviction within five years of DWAI involving only alcohol can result in a maximum incarceration period of thirty days in jail and a maximum driver’s license revocation of six months. The fine for the 2nd conviction can range from $500 to $750.

Although DWAI does not rise to the level of a criminal offense unless you are convicted of a third offense within 10 years, a second conviction can immediately affect your job and family. The fact that the DWAI may be discovered during a background check can impact your occupational choices, rental housing options, and career advancement. Greco ♦ Neyland, PC, was founded by two former Assistant District Attorneys who have the experience and expertise to provide an effective defense that may protect your driver’s license and keep you out of jail.

Common Questions about DWAI Repeat Offenses

Our law firm receives a fair number of inquiries from those facing DWAI charges, so we have answered some of those questions below:

What must the prosecutor prove in a DWAI case?

The prosecutor cannot obtain a conviction for the alcohol version of DWAI without establishing both that your BAC was between .05 and .07 percent and that your driving abilities were actually impaired. If the blood test results are shown to be unreliable or there is no reliable evidence of impairment, an experienced DWAI attorney has the tools to fight for your freedom and license.

Why do I need an attorney if the offense is a traffic violation rather than a criminal offense?

While DWAI is a traffic infraction, the penalties are not comparable to a minor violation like speeding. The potential for jail time alone is sufficient to merit legal representation. The inconvenience of figuring out how to get to work, school, or even the store during the period that your driver’s license is suspended also makes it important that you obtain legal advice and representation.

How can retaining Greco Neyland make a difference?

Generally, the prosecutor will not offer a meaningful plea bargain since the offense is a traffic infraction. The low level classification of the offense does not really provide many options for the prosecutor to reduce the charge. Typically, you will be faced with the prospect of pleading to DWAI or fighting a conviction of the same offense at trial, so most people have no reason not to seek representation from an experienced advocate who is prepared to precede to trial. The founding partners at Greco Neyland have handled many driving-related alcohol offenses, both as former prosecutors and as defense attorneys, which has provided us with proven strategies for success.

Do I have a realistic chance of beating the case if I retain an experienced White Plains DWAI attorney?

While it is difficult to evaluate your likelihood of success without knowing the facts and circumstances of your case, DWAI is more difficult to prove than a DWI charge. When states adopted “per se” DWI offenses that permitted a conviction solely based on a BAC of .08 percent or above, conviction rates for DWI increased dramatically. The objective of “per se” DWI offenses was to relieve prosecutors of the need to prove that a driver’s capacity for operating a motor vehicle was actually compromised by alcohol. While a DWI conviction can be obtained based on a .08 percent BAC level even when a motorist drives flawlessly, DWAI requires the prosecutor establish some degree of actual impairment. While a chemical test that shows a driver has the requisite BAC between .05 percent to .07 percent can provide some evidence of potential impairment, the prosecutor must present more evidence to prove a motorist’s impairment.

At Greco Neyland PC, our White Plains DWAI attorneys represent clients in White Plains and the surrounding areas of New York. We offer a free consultation so we can answer your questions and explain your legal rights. Please call us today at (914) 358-9146 or click here to schedule your free consultation.