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Increased Penalties For Multiple DWI Convictions

Posted by: Nikole Wynn Posted Date: 08/20/2013

Multiple DWI Convictions Within Ten Years Constitutes A Felony In New York
Even on a first offense, the penalties for Driving While Intoxicated (DWI) are severe in New York State. The penalties increase significantly if the defendant is a repeat offender. Specifically, a second conviction for DWI or ADWI (Aggravated DWI) within ten years constitutes a felony rather than a misdemeanor.

Multiple Convictions Within Five Years Requires Incarceration or Community Service
In some cases, a repeat offender is required to perform community service or serve jail time. Particularly, section 1193 of New York's Vehicle and Traffic Law dictates than an individual who has a second conviction for Driving While Intoxicated within five years must serve at least five days in jail, or peform at least thirty days of community service.

An individual with two or more prior convictions for DWI within five years must serve at least ten days in jail, or perform 60 days of community service.

It is important to note, the increased penalties apply when an individual has a prior conviction for Driving While Intoxicated (DWI) - the mandatory incarceration or community service does not apply to a prior conviction for Driving While Ability Impaired (DWAI).

Driving License Suspension Pending Prosecution For DWI

Posted by: Nikole Wynn Posted Date: 04/11/2013

Mandatory Suspension

Section 1193 of New York’s Vehicle and Traffic Law mandates that an individual who is charged with an alcohol or drug related driving offense will have their driver’s license suspended at arraignment. Specifically, if you are charged with DWI, Aggravated DWI, or DWAI by combination of drugs and alcohol, and you submit to a chemical test resulting in a BAC of 0.08% or more, your license will be suspended at arraignment.

The loss of driving privileges is a drastic hurdle that many of our clients face. In order to alleviate the difficulty that accompanies a license suspension, we can request that the court grant a “hardship privilege.”

Hardship Privilege

NY VTL § 1193 permits the court to grant limited driving privileges to an individual who has had their license suspended pending prosecution. The hardship privilege may be granted in the court’s discretion. In order to be eligible for the hardship privilege, the court must determine that without driving privileges you will suffer an “extreme hardship.” Moreover, you must have had a valid driver's license before your arrest.

If granted, the hardship driving privilege is extremely limited - it only permits an individual to drive to and from work*, school, and required medical treatment.

* Note, the hardship privilege does not permit an individual to drive for employment purposes. Thus, if you are granted a hardship privilege, you will be permitted to drive to and from work, but you will not have the right to drive for work purposes. This means you will not be permitted to drive between different work sites.

DWI Penalties in Western New York

Posted by: Nikole Wynn Posted Date: 02/28/2013

Post any questions that you have about DWI Penalties in Western New York under this category.

Please note that, in order to avoid spamming, this blog is moderated and your posts may only be published following acceptance by a moderator.

Additionally, in order to avoid inaccuracy or abuse, we reserve the right to edit your post or to refuse publication of your post.

The Twenty Day Order: General Overview

Posted by: Nikole Wynn Posted Date: 11/07/2013
When an individual is convicted of an alcohol related driving offense, the penalties will include a mandatory suspension or revocation of the individual’s New York State driving privileges. At sentencing, the court will order the suspension or revocation of the defendant’s driving privileges; in some cases, the suspension/revocation will go into effect on the sentencing date. In other cases, however, the court may issue a 20-day order, sometimes called the 20-day stay, which delays the mandatory

Eligibility for a Conditional License in a DWI Case

Posted by: Nikole Wynn Posted Date: 10/17/2013
At a DWI arraignment, the defendant’s driving privileges will be suspended pending the outcome of the case. See our blog post on Suspension Pending Prosecution In many cases, thirty days after arraignment, the defendant will be eligible for a conditional license. A conditional license is a restricted driving privilege granting the defendant limited driving privileges to and from work, school, medical appointments, court ordered activities etc. In order to obtain a conditional license, the defe

 

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