Attorney on Call 24/7
Call today to schedule a free consultation with an attorney.

(718) 261-5600

Free Consultation

Submit your information using this form to schedule a free consultation with attorney Rochelle Berliner.

Name* Phone* Email* Subject* Message*

Second DWI Offense

If you have been charged with a second driving while intoxicated (DWI) offense in Queens, NY, you could face serious penalties, including any of the following:

  • Mandatory installation of an ignition interlock device;
  • A driver’s license revocation;
  • Imprisonment;
  • Fines; and/or
  • A criminal record.

An individual can often reach the legal intoxication limit of 0.08 in New York very easily even if they have had only a few drinks. Depending on a variety of factors, including whether the driver has eaten food, the driver’s body weight, the amount of sleep the driver has had, or the driver’s gender, the driver’s blood or breath alcohol concentration level can reach a blood or breath alcohol concentration (BAC) level of 0.08 from having even one drink.

Therefore, it is essential to contact an experienced criminal defense attorney in Queens if your have been arrested for drinking and driving or drunk driving in order to begin creating your best legal defense today.

Queens Second DWI Lawyer

Contact the Law Office of Rochelle S. Berliner if you have been charged with a second driving while intoxicated offense in all areas of New York, including Queens, Brooklyn, Manhattan and the Bronx. Rochelle S. Berliner is an experienced New York DWI defense lawyer, and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense.

Call the Law Office of Rochelle S. Berliner at 718-261-5600 for a consultation about your alleged second DWI offense.


Second DWI Offense in Queens

According to the New York Vehicle and Traffic Laws § 1192(3) and (2), an individual can be charged with a second driving while intoxicated (DWI) in New York if they operate a motor vehicle while intoxicated or they have a blood alcohol concentration level of .08% or higher and they have previously been convicted of any of the following DWI-related offenses in New York:

  • Driving While Ability Impaired (DWAI) – Vehicle and Traffic Laws § 1192(1)
  • Per Se DWI – Vehicle and Traffic Laws § 1192(2)
  • Aggravated DWI – Vehicle and Traffic Laws § 1192(2-a)
  • DWI with a Child Passenger – Vehicle and Traffic Laws § 1192(2)(b)
  • DWAI Drugs – Vehicle and Traffic Laws § 1192(4)
  • DWAI Drugs and Alcohol – Vehicle and Traffic Laws § 1192(4-a)
  • Juvenile DWI – Vehicle and Traffic Laws § 1192-a
  • DWI Causing Death or Serious Physical Injury – Vehicle and Traffic Laws § 1192(11)

A motor vehicle is defined under New York Vehicle and Traffic Laws § 125 as any vehicle operated or driven on a public highway that is propelled by any type of non-human power, except mobility assistance devices operated by an individual with a disability, vehicles that run on rails or tracks, snowmobiles and all terrain vehicles.


Intoxicated Definition in New York

New York laws do not actually define the term intoxicated; however, New York courts have held an individual is intoxicated if they have consumed alcohol to the extent they are incapable of using their physical and mental faculties they would possess while operating a vehicle as a reasonable and prudent driver (People v. Ardila and People v. Cruz).

Law enforcement officers and the court will look at the following factors to determine whether a driver was intoxicated:

  • The alleged offender’s physical condition, ability to balance and their coordination;
  • Whether the alleged offender’s words are slurred;
  • How the alleged offender was operating the motor vehicle;
  • The alleged offender’s blood, breath or urine test results (BAC of .08% or higher is per se intoxicated);
  • Opinion testimony from witnesses as to the alleged offender’s level of intoxication; and/or
  • The circumstances surrounding any accident the alleged offender was involved with.

Queens Legal Alcohol Concentration Limit

According to the New York Vehicle and Traffic Laws, alcohol concentration, which is also commonly known as AC, BAC, blood alcohol concentration or breath alcohol concentration, is measured by the number of grams of:

  • 0.08 of one per cent or more in weight of alcohol present in the individual’s blood, breath, urine or saliva.

An individual can be deemed to have driven while their ability was impaired if they have a BAC between 0.05 and 0.07. Additionally, an individual can be charged with an aggravated DWI if their BAC was 0.18 or higher.

The per se intoxication limit of .08% in New York is generally very low and can be reached after the alleged offender has consumed only a few drinks. For example, an individual who weighs 120 pounds probably has a BAC of 0.054 after two drinks, which may indicate their ability to drive was impaired. An individual who weighs 120 pounds probably has a BAC of 0.081 after having three drinks, which is over New York’s legal limit and they are per se intoxicated.

In New York, one drink is equivalent to a one-ounce shot of 80 proof liquor (40 percent alcohol by volume), one 12 ounce beer (5 percent alcohol by volume), or one 5 ounce glass of wine (12 percent alcohol by volume).


Second DWI Penalties in Queens

A second DWI conviction in Queens, which is punishable as a class E felony offense, can result in any of the following penalties:

  • A fine ranging from $1,000 to $5,000;
  • A prison sentence up to four years;
  • Mandatory installation of an ignition interlock device for at least six months;
  • Probation;
  • A driver’s license revocation for at least one year; and/or
  • A criminal record.

A second aggravated DWI, which can occur when the alleged offender had a BAC of .18 or higher and is categorized as a class E felony offense, can result in any of the following penalties:

  • A fine ranging from $1,000 to $5,000;
  • A jail sentence up to four years;
  • Mandatory installation of an ignition interlock device for at least six months;
  • Probation;
  • A driver’s license revocation for at least 18 months; and/or
  • A criminal record.

A second driving while ability impaired (DWAI) offense, which can occur if the alleged offender had a BAC between .05% and .07% and is punishable as a traffic infraction, can result in any of the following penalties:

  • A jail sentence up to 30 days;
  • A fine ranging from $500 to $750; and/or
  • A driver’s license revocation of at least six months.

Additionally, if the second offense occurred within five years of the prior offense, a convicted offender must serve at least a mandatory five days in jail or serve 30 days community service.


Law Office of Rochelle S. Berliner | Queens Second DWI Arrest Attorney

If you have been charged with a second DWI offense in New York City, including Queens, Brooklyn, the Bronx and Manhattan, call the Law Office of Rochelle S. Berliner at 718-261-5600.

Rochelle S. Berliner is an aggressive Queens criminal defense lawyer who is dedicated to fighting the allegations against you. Contact the Law Office of Rochelle S. Berliner or submit an online form today for a consultation about your alleged second driving while intoxicated offense today.

Free Consultation

Submit your information using this form to schedule a free consultation with attorney Rochelle Berliner.

Name* Phone* Email* Subject* Message*

Proud Member of

New York State Association
of Criminal Defense Lawyers

NORML
Legal Committee

National Police
Accountability Project

National Association
of Criminal Defense Lawyers

Featured In

The Huffington Post WABC7 New York Post New York Daily News MSNBC

Find me online

Pay Online

Click the “Pay Now” link below to submit your payment.

If you already have a Paypal account, you will be prompted to log in after clicking below. If you do not have an account, you will have the option to pay by credit card or set up an account that allows you to charge to a card or transfer money directly from your bank account.

Make a secure payment online with PayPal