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Third DWI/DWAI-Drugs Violation in 10 Years

Offering Persuasive Defense to the Most Serious Drug and Alcohol Driving Violations

Our experienced criminal defense attorneys at Greco Neyland, PC recognize that many people with prior convictions of driving offenses that involve drug or alcohol intoxication suffer from addictions. Although we know that such addictions can be difficult to overcome, law enforcement officers and prosecutors often exhibit far less compassion. They view repeat offenders of laws that prohibit intoxicated driving as dangerous threats to public safety. This mindset explains their zeal in seeking convictions and harsh sentences against repeat offenders. However, there are effective defenses that can be presented.

If you are facing a third conviction of DWI or DWAI-Drugs within a 10-year period, under New York law, your punishment can be as severe as if you have committed a violent criminal offense. A third conviction of either of these alcohol or drug-related offenses constitutes a D Felony. One way to put into perspective the seriousness of a conviction for a D Felony is to consider other offenses that are D Felonies, such as:

  • Assault in the second degree;
  • Soliciting or providing support for an act of terrorism in the second degree;
  • Strangulation in the second degree; and
  • Commission of an act of sexual conduct against a child in the second degree.

In other words, a charge of DWI or DWAI-Drugs with two prior convictions is serious business. If you are convicted for a third offense, the punishment may include:

  • Maximum period of incarceration up to 7 years;
  • A legal fine between $2,000 and $10,000; and
  • Revocation of your driver’s license for at least one year.
  • Mandatory Waiting Period for Relicensing Following License Revocation

A harsh new law took effect on September 25, 2012 that places additional burdens on those who have suffered three or more convictions for alcohol or drugged-driving within a 25-year period. If you have three prior convictions of this type of offense, you can be forced to wait from two up to five additional years before you are eligible to have your driving privileges partially restored. The parameters of these new licensing rules can be complicated, so you should contact us if you have questions. However, we have provided an outline of how these rules might impact you:

Scenario 1: The applicant has 3 or 4 alcohol/drugged driving convictions or incidents within 25 years and the current revocation did not arise from an alcohol/drug-related driving offense – The waiting period is two years if the applicant does not have a serious driving offense. While the driver is eligible for relicensing after 2 years, the license will be restricted for an additional 2 years to be used only for transportation to work, medical appointments, school, daycare, etc.

Scenario 2: The applicant has 3 or 4 alcohol/drugged driving convictions and the current revocation stems from an alcohol/drugged driving conviction/incident – If the driver’s record does not include a serious driving offense, the waiting period for relicensing is five years. Further, the license that is granted after the revocation period will be a restricted license, as described above, for another 5 years.

Zealously Fighting for Your Future – Greco Neyland, PC

When you are facing the types of life-altering consequences that result from a third conviction of DWI/DWAI-Drugs, our criminal defense attorneys work aggressively to defend your rights and your future. Our founding attorneys are former prosecutors that use their insider knowledge when attacking police conduct, field sobriety testing, and chemical test results. We offer a free consultation so we can evaluate your case and explain how we can help. Call us today at (914) 358-9146 or click here to schedule your free consultation.