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Garden City, NY 11530

Second DWI 

When a person is arrested for driving while intoxicated (DWI) in the state of New York, judges and juries can be somewhat more forgiving when the alleged offender’s criminal record contains no previous instances of drunk driving. When an individual is charged with this crime for the second time, however, prosecutors can be much more unforgiving.

Virtually everybody is aware of the dangers of driving while under the influence of alcohol, and it is generally assumed that people who were already convicted once of this crime will make every effort to make sure they do not make the same mistake twice. State law establishes harsh punishments for those who do commit repeat violations, and second convictions for DWI offenses can result in bigger fines and a longer term of imprisonment, in addition to other penalties.

Lawyer for Second DWI Arrests in Nassau County, NY

If you were recently arrested on Long Island for alleged drunk driving and you have been previously convicted of this crime, it is in your best interest to immediately retain legal counsel. Law Office of Stephanie Selloni aggressively defends clients throughout Nassau County, including Hempstead, Glen Cove, Garden City, Freeport, Lynbrook, and many other surrounding villages.

Nassau County criminal defense attorney Stephanie Selloni is admitted to all state courts in New York and can fight to have these criminal charges reduced or dismissed. You can have her review your case and help you understand your legal options as soon as you call 516-972-1212 to take advantage of a free, confidential consultation.

New York Second DWI Information Center


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Second DWI Penalties on Long Island

DWI is defined under subdivision three of New York Vehicle and Traffic Law § 1192 as operating a motor vehicle while in an intoxicated condition. A person is considered “per se” (the Latin phrase for “in itself”) intoxicated if he or she has a blood alcohol concentration (BAC) of 0.08 or greater.

It is a class E felony when a person allegedly commits DWI after having been convicted of any operating a motor vehicle while under the influence of alcohol or drugs violation—including driving while ability impaired (DWAI). Under New York Vehicle and Traffic Law § 1193(4)(i), alleged offenders convicted of these crimes can be sentenced to:

  • A fine of between $1,000 and $5,000;
  • Imprisonment of at least five days up to four years;
  • Minimum one-year revocation of driver’s license;
  • Driver responsibility assessment fee of $250 a year for three years; and
  • Mandatory surcharge of $520.

Alleged offenders may be subject to increased or additional fees if they have been convicted of aggravated DWI or refused to submit to chemical testing.


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Second DWAI Penalties in Nassau County

When a motorist has a BAC of 0.05 or higher but less than 0.08, he or she may be charged with DWAI instead of DWI. If an alleged offender has been previously convicted of any operating a motor vehicle while under the influence of alcohol or drugs violation within the preceding five years can be punished as follows:

  • A fine of between $500 and $750;
  • Imprisonment of up to 30 days;
  • Six-month revocation of driver’s license;
  • Driver responsibility assessment fee of $250 a year for three years; and
  • Mandatory surcharge of $255 or $260 (depending on whether the case is handled in a city, town, or village court).

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New York Resources for Second Drunk Driving Arrests

Stop DWI — The New York State STOP-DWI Association, Inc. has a mission to reduce the number of persons killed or injured in alcohol and other drug-related traffic crashes; promote DWI prevention as a public priority; and coordinate local efforts in law enforcement, prosecution, probation, rehabilitation, public information, education, and administration. On this website, you can learn more about the program and some of its initiatives by county. You can also find a calendar of upcoming events, various downloadable fact sheets, and tools for parents and victims.

Penalties for alcohol or drug-related violations | New York State DMV — On this section of the New York DMV website, you can review the penalties for all alcohol and drug-related driving offenses. You can also learn more about additional penalties in relation to these crimes. Find downloadable conditional license applications and information for motorists who have received orders of suspension or revocation.


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Law Office of Stephanie Selloni | Nassau County Second DWI Lawyer

Were you arrested in Nassau County for allegedly driving under the influence of alcohol after being previously convicted for a drunk driving offense? You will want to be sure that you have legal representation as soon as possible.

Stephanie Selloni of Law Office of Stephanie Selloni is a criminal defense attorney in Nassau County who represents clients in Oyster Bay, North Hempstead, Long Beach, Mineola, Massapequa Park, and several nearby villages on Long Island. Call 516-972-1212 or complete an online contact form right now to set up a free initial consultation that will allow our lawyer to provide an honest and thorough evaluation of your case.


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