In New York, if you are convicted of three DWI (Driving While Intoxicated) offenses within a 10-year period, the penalties become more severe due to the repeat offenses. A third DWI conviction within ten years is classified as a Class D felony, and the consequences can be quite serious.
Here is a general overview of the penalties for a third DWI offense in New York within ten years of two previous convictions:
- Class D felony
- Possible jail time of up to 7 years
- Fines ranging from $2,000 to $10,000
- License revocation for a minimum of 1 year (possibly longer depending on the specific circumstances)
- Mandatory installation of an ignition interlock device on any vehicles you own or operate
Additionally, you may face other consequences, such as mandatory alcohol or substance abuse treatment programs, probation, or community service. A third DWI conviction can also have a significant impact on your personal and professional life, leading to difficulties finding employment, increased insurance rates, and a lasting criminal record.
Judges have discretion in sentencing, and other factors such as your level of cooperation with law enforcement, your criminal history, and the presence of any aggravating or mitigating factors can influence the outcome of your case.
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If you get 3 DWIs in NY in a 25 year period, the DMV may trigger what is called 5 and 5. Your driver’s license can be revoked for a period of 5 years followed by a 5 year interlock period for any car you own or operate.
During the duration of the case, if you have 3 DWIs, you may not be eligible for a hardship driving privilege or conditional license. You also would not be eligible for a post-conviction conditional license.
A 3rd DWI may be charged as an E or D class Felony based on the length of time between the prior convictions and the current charge.