If you have been charged with driving under the influence (DUI) for a third time in New York, you may believe your situation is hopeless. However, this is far from the truth. In reality, connecting with an experienced Garden City, NY Third DUI/DWI Attorney can help increase the chances of achieving the best possible outcome for your circumstances. It’s important to understand that for each subsequent DUI, you are charged and convicted for, the penalties you face will become more severe. Please continue reading to learn the penalties of a third DUI and whether or not you will have to serve jail time.
What Constitutes a DUI in New York?
When you have been pulled over for suspected drunk driving, it’s important to understand your rights. You should note that driving while under the influence is defined differently depending on your situation. DUI is defined by your blood alcohol concentration (BAC). This is the percentage of alcohol found in your system. In New York, you can be charged with DUI if you have a BAC of:
- 0.08% if you are 21 years or older
- 0.04% if you are driving a commercial motor vehicle
- 0.02% if you are younger than 21
How Long Will I Go to Jail for a Third or Subsequent DUI?
As mentioned above, penalties will increase with each subsequent DUI. If you have been charged with your third DUI offense in New York state within 10 years, you will face the following penalties:
- Fines ranging from $2,000 to $10,000
- Revoked driver’s license for at least one year (possibly permanent revocation)
- Additional state surcharges
- Up to 7 years in jail
Essentially, the amount of time you will spend behind bars after a third DUI conviction will depend on the unique details of your offense. While the above penalties are the standard guidelines the state can impose, the actual sentencing can vary greatly based on various factors including your BAC level, prior offenses, your age, whether or not you submitted to chemical testing, if anyone was injured or killed, if there were minor passengers in the vehicle, etc. A third conviction means you will be sentenced to serve a minimum of one year in jail. New York state is tough when it comes to repeat drunk driving offenders. Nevertheless, depending on the aggravating factors, you could spend 7 years in jail.
As you can see, a third DUI conviction will yield more severe consequences. Even though it may seem impossible, working with a skilled attorney from KCS Law can help improve your chances of receiving a favorable outcome. Connect with our legal team today to learn how we can effectively represent your interests and defend your rights.
