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Third or Subsequent DWI

A person who is arrested for driving while intoxicated (DWI) in New York for the third or subsequent time will face felony criminal charges. Prosecutors will aggressively pursue maximum punishments in these cases.

When an alleged offender is charged with his or her third DWI within 10 years, the consequences can be much longer-lasting than just a prison sentence and order to pay fines. People convicted of third or subsequent DWI offenses can face substantial hardship regaining their driving privileges and may be required to install ignition interlock devices in their vehicles.

Lawyer for Third or Subsequent DWI in Nassau County, New York

Are you facing DWI charges in New York for the third or greater time? You should contact Law Office of Stephanie Selloni as soon as possible for help determining the best legal strategy to help achieve the most favorable outcome to your case.

Stephanie Selloni is a criminal defense attorney in Nassau County who represents clients in Long Beach, Massapequa Park, Lynbrook, Hempstead, Oyster Bay, and several other surrounding communities on Long Island. Call 516-972-1212 right now to schedule a free initial consultation that will let our lawyer review your case and help you understand your legal options.

Overview of Third or Subsequent DWI Arrests in New York


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Third or Subsequent DWI Penalties on Long Island

When a person is arrested for his or her third or subsequent DWI offense, the crime is classified as a class D felony. A conviction can result in the following punishments:

  • A fine of between $2,000 and $10,000;
  • Imprisonment of up to seven 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.

It is important to keep in mind that convictions in these cases lead to alleged offenders becoming convicted felons. Such designations can result in lifetimes of additional difficulties when it comes to obtaining employment, housing, or professional licensing.


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Third or Subsequent DWAI Penalties in Nassau County

If a person is charged with driving while ability impaired (DWAI) after having previously been convicted of two or more alcohol-related driving offenses, he or she will face misdemeanor charges. A conviction can lead to an alleged offender receiving a sentence that includes the following:

  • A fine of between $750 and $1,500;
  • Imprisonment of up to 180 days;
  • Minimum 18-month revocation of driver’s license;
  • Driver responsibility assessment fee of $250 a year for three years; and
  • Mandatory surcharge of $395 or $400 (depending on whether the case is handled in a city, town, or village court).

In regards to driving privileges, alleged offenders who are convicted of a third or subsequent DWAI offense will be ineligible for a conditional license. Additionally, the period revocation will be extended six months for each additional offense after the third conviction (minimum of 24 months for a fourth offense, etc.).


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New York Third or Subsequent DWI Resources

Article 31 | New York Vehicle and Traffic Law — View the full text of statutes relating to alcohol and drug-related offenses and procedures. In addition to DWI-related offenses, this section also covers sanctions, chemical testing, and special procedures and disposition involving alcohol and substance abuse assessment and treatment. You can also learn more about requirements and conditions relating to the installation and operation of ignition interlock devices.

Sobering Facts: Drunk Driving in New York — On this Centers for Disease Control and Prevention (CDC) fact sheet, you can see how drunk driving statistics in New York compare to national averages. The fact sheet also has a section discussing certain strategies that have proven effective in reducing or preventing drunk driving. You can also find fast facts and notes about drunk driving laws.


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Law Office of Stephanie Selloni | Nassau County Third or Subsequent DWI Lawyer

If you were arrested on Long Island for your third or subsequent alleged drunk driving offense, do not assume that being taken into custody is the same as being convicted. It will be in your best interest to immediately contact Law Office of Stephanie Selloni for help fighting to possibly have the criminal charges reduced or dismissed.

Nassau County criminal defense attorney Stephanie Selloni defends clients in Garden City, Mineola, Freeport, North Hempstead, Glen Cove, and many surrounding areas on Long Island. You can have her provide a complete evaluation of your case as soon as you call 516-972-1212 or submit an online contact form today to set up a free, confidential consultation.


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