Nassau County Second DUI Attorney

New York State takes drunk driving cases seriously. The laws impose a stricter set of penalties, and courts are less likely to bend to help violators charged with a second offense DWI. If you have been charged with your second DWI, you must know what you are up against. Contacting the right second DUI attorney can make all the difference in your case. KCS Law is here to assist you in limiting the impact of a second DWI conviction or getting the charges dismissed altogether.  

Second offense DWI penalties: younger than 21 years of age

If you are under the age of 21 and have been charged with your second DWI, you may be facing escalating penalties under New York law. With a blood alcohol content of 0.02% and higher, you have violated New York’s Zero Tolerance Law for the second time, and courts are aggressive towards repeat offenders. The penalties, if convicted, may include:

• A revoked license for one year or until the age of 21
• A $125 civil penalty
• A $100 fee to reinstate your license
• Driver Responsibility Assessment (DRA) fee of $250 per year for three years (total of $750)
• Potential enrollment in the New York Impaired Driver Program (IDP) and associated costs
• Mandatory ignition interlock device installation  for 6 to 12 months, and associated costs

If you are younger than 21 and refuse to take the chemical test to check your blood alcohol content for the second time, you could be facing further escalating penalties for violating the Implied Consent Law. These may include:

• A $750 civil penalty
• A revoked license for at least one year or until the age of 21, whichever is longer
• A $100 fee to reinstate your license
• Refusal to submit to chemical testing will also trigger the DRA fee

Second offense DWI penalties: 21 years of age and older

If you have been charged with a second DWI offense in New York within 10 years of a previous DWI charge, you have a lot to consider as you face escalating penalties and a class E felony. New York courts are aggressive towards repeat offenders, and having the right attorney on your side is highly recommended. The punishment is more severe and may include:

• A revoked license for at least 1 year (potential for 18 months in high BAC cases)
• A $1,000-$5,000 fine
• Potential jail time up to 4 years
• Possible enrollment in the New York Impaired Driver Program (IDP) and associated costs
• Mandatory installation of an Ignition Interlock Device (IID) on all vehicles you own or operate for the duration of the sentence
• Mandatory $520 New York State Surcharge (for felony conviction)
• DRA fee of $250 per year for three years

If you refuse to submit to chemical testing for a second time within 5 years, you are facing additional penalties for violating the Implied Consent Law again. These penalties may include a $750 civil penalty and a revoked license for at least 18 months. If you have a commercial license and have refused to submit to chemical testing for the second time, your CDL will likely be revoked with no possibility of a waiver.

Contact a Garden City Second DUI Attorney

At KCS Law, we are dedicated to our clients and will work tirelessly to defend them against a second DWI offense. We highly recommend contacting the experienced attorneys at the firm who will use all legal means to limit the impact of the charges or get them dismissed altogether. There are many defenses our team can use to fight the DWI, saving you from penalties that will negatively affect your life and livelihood. Contact a second DUI attorney at KCS Law today.