Can I Face Incarceration if I Receive a DUI in New York?



    If you were convicted of a DUI in the state of New York, a serious set of criminal penalties may be imposed. Although this may include the possibility of facing incarceration, there are many factors that courts consider. Read on to learn more about the potential consequences for DUIs in New York and how an experienced Garden City, NY DWI | DUI attorney at Grunwald & Seman, P.C. can help you mitigate it.

    What is the incarceration penalty if I receive a DUI in New York?

    The first conviction for a DUI is considered a misdemeanor. But still, drivers who are over the age of 21 can face up to 1 year of incarceration for a DUI.

    Second and third convictions within 10 years are considered felonies. You can be charged with anywhere between 1 to 4 years of jail time with a second-offense DUI, with a minimum of 5 days if the offense is within a 5-year period. Notably, 30 days of community service work can be used as an alternative to the minimum jail time.

    As for a third offense, this charge can be anywhere between 1 to 7 years of jail, with a minimum of 10 days if the offense is within a 5-year period. However, 60 days of community service work can be done in lieu of the minimum jail time.

    Are there additional penalties for a DUI in New York?

    In addition to potential jail time when receiving a DUI, you can face license revocation, fines, and the installation and use of the ignition interlock device in your vehicle. These charges vary depending on whether it is your first, second, or third offense.

    DUI charges are generally tied to the following additional penalties:

    • Completion of an alcohol and drug screening assessment.
    • Completion of a substance abuse treatment program.
    • Attendance at a victim impact panel.
    • Driver responsibility assessment of $250 per year for 3 years.

    Failure to complete the above can result in probation violations and ultimately additional jail time. Don’t face any of these penalties without our competent Nassau County criminal defense attorneys in your corner.

    Contact Our Long Island Firm

    Criminal matters can change the course of your life forever. This is why you need an experienced attorney who will aggressively combat your charges to help mitigate their long-term effects. If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation. We would be happy to assist you.

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