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Third or Subsequent DWI Offense

If you have been charged with three or more driving while intoxicated (DWI) offenses in Queens, NY you may face serious penalties and repercussions.  In addition to a driver’s license revocation and mandatory ignition interlock device installation on your vehicle, you may also face a jail sentence, fee assessment and fines.

However, it is important to remember than an arrest and charges for drunk driving do not have to necessarily result in a conviction. The state prosecutor is required to prove you committed every element of the offense beyond a reasonable doubt. This can be a difficult burden to meet and any doubt in the mind of the judge or jury can result in a reduction or dismissal of the charges against you. Therefore, it is essential to contact an experienced criminal defense lawyer in Queens who will help you identify your best legal strategy.

Queens Third DWI Lawyer

Contact the Law Office of Rochelle S. Berliner if you have been charged with your third driving while intoxicated offense in any area of New York, including Queens, Brooklyn, Manhattan, or the Bronx.

Rochelle S. Berliner is experienced defending DWI offenses in New York and will make every effort to fight the allegations against you. Call the Law Office of Rochelle S. Berliner at 718-261-5600 for a consultation about your alleged third DWI offense.


Queens Third or Subsequent DWI Offenses

The New York Vehicle and Traffic Laws § 1192(3) and (2) state an individual can be charged with a third or subsequent DWI offense in Queens if they drive a car or motor vehicle while their ability to operate the vehicle is impaired, they are intoxicated, or have a blood or breath alcohol concentration level of 0.08 or higher, and they have previously been convicted two or more times of any of the following DWI-related offenses in New York:

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

Intoxicated Defined under New York Laws

Intoxicated is not actually defined under New York laws, but the courts in New York have determined in the cases of People v. Ardila and People v. Cruz, an individual is considered intoxicated if they have consumed alcohol to the extent they are incapable of using the physical and mental faculties a reasonable and prudent driver would normally possess in order to operate a motor vehicle.

Certain factors law enforcement officers and the court will look at to determine if a driver was intoxicated can include, but are not limited to:

  • How the alleged offender was operating the car, automobile or vehicle;
  • If alleged offender slurred their words;
  • Opinion testimony as to whether the alleged offender appeared sober;
  • The alleged offender’s ability to balance, their physical condition, and their coordination;
  • The facts surrounding any accident the alleged offender was involved in; and/or
  • The results of the alleged offender’s blood, breath or urine test (a BAC of .08% or higher is considered per se intoxicated in New York).

Operating a Motor Vehicle in Queens

In order to convict an alleged offender of a third or subsequent DWI in New York, the prosecution must prove the alleged offender was driving or operating the motor vehicle at the time of the arrest. In order to determine whether the alleged offender was in operation of the car or vehicle, the court will often look at:

  • Whether the vehicle’s motor was running;
  • Whether the vehicle was stopped or in operation;
  • Whether the ignition was turned on;
  • Whether the driver was awake or asleep;
  • Where the keys were located; and/or
  • Where the driver was located in the car.

Queens Third or Subsequent DWI Penalties

The penalties for a third or subsequent DWI offense in Queens are defined in Articles 70 and 80 of the New York Penal Laws. A conviction for a third or subsequent DWI offense in Queens, which is punishable as a class D felony offense, can result in any of the following penalties:

  • A fine ranging from $2,000 to $10,000;
  • A jail sentence up to seven 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 third or subsequent aggravated DWI, which can occur if the alleged offender had a BAC of 0.18 or higher and is punishable as a class D felony offense, can result in any of the following penalties:

  • A fine ranging from $2,000 to $10,000;
  • A jail sentence up to seven 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 third or subsequent driving while ability impaired (DWAI) offense, which can occur if the alleged offender had a BAC between 0.05 and 0.07 and is classified as a misdemeanor offense, can result in any of the following penalties:

  • A jail sentence up to 180 days;
  • A fine ranging from $750 to $1,500; and/or
  • A driver’s license revocation of at least six months.

Additionally, if the third or subsequent offense occurred within five years of the prior offense, a convicted offender must serve at least 10 days in jail or serve 60 days of mandatory community service.

As defined by recent legislation, DMVs are authorized to refuse a new ID request for an individual convicted of three or more DWI's for up to five years. When a new license is acquired, it will have problem driver restrictions, meaning that the places they can drive are limited and they are required to install an interlock ignition device. This is a device that requires a low level of alcohol on the breath to be able to start the vehicle. Additionally, if the person has been convicted of another serious traffic offense within 25 years of the DWI's they can be permanently banned from driving.

Similarly, if a person is convicted of five or more DWI offenses, their license can be permanently revoked.


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

If you have been charged with a third or subsequent DWI offense in New York City, including Queens, Brooklyn, the Bronx, or Manhattan, call the Law Office of Rochelle S. Berliner at 718-261-5600. Rochelle S. Berliner is a knowledgeable Queens criminal defense lawyer who is dedicated to helping you avoid the most serious penalties and repercussions to your alleged offense.

Contact the Law Office of Rochelle S. Berliner today or submit an online form for a consultation about your alleged third or subsequent 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*

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