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Increased Penalties For Multiple DWI Convictions

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).

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