Mandatory Jail Sentences for Repeat DWI Offenders in New York

New York takes a strict approach to driving while intoxicated (DWI) offenses. Your Mineola DWI lawyers at Schalk, Ciaccio & Kahn, PC, can explain the types of penalties you could be facing if charged and subsequently convicted of DWI. Jail time, driver’s license revocation, and substantial fines are all common penalties. However, the penalties could soon become even more severe for repeat DWI offenders. The New York Senate recently passed a bill sponsored by Senator Charles J. Fuschillo, Jr., which would require mandatory jail time for those convicted of repeat DWI offenses.

Current Penalties for Repeat DWI Offenders
The team of DWI lawyers at Schalk, Ciaccio & Kahn can help you understand the current penalties you could be facing if convicted of multiple DWI offenses. You could be facing a class E or D felony charge depending on the number of prior convictions and the time frame of those convictions (within 10 years of the most recent arrest). If convicted, you could spend four to seven years behind bars and be required to pay a fine of between $1,000 and $5,000 or between $2,000 and $10,000, depending on the specific charge. However, there is no mandatory jail term as the law is currently written. Judges can sentence repeat offenders to community service, probation or a combination of the two, rather than jail time. The proposed law would make jail sentences mandatory for felony DWI convictions.

Proposed Penalties for Multiple DWI Convictions
Under the proposed legislation (S750), if someone is charged with a class E felony DWI, where you have a prior DWI conviction within ten (10) years of the current charge, and that person is later convicted, the new minimum jail sentence would be thirty (30) days with the maximum sentence remaining four (4) years. You’ll also be required to pay a fine between $1,000 and $5,000. If someone is charged with a class D felony DWI, where you have two prior DWI convictions within a 10-year period of the current charge, and that person is later convicted, the new mandatory minimum sentence under the proposed legislation would be ninety (90) days, with the maximum possible sentence remaining seven (7) years.

Proposed Penalties for Multiple Aggravated DWI Crimes
An aggravated DWI crime is one that involves a child in the car (also known as a Leandra’s Law DWI) or a blood alcohol content (BAC) of 0.18 percent or higher. A second conviction of an aggravated DWI crime within 10 years will lead to a mandatory jail term of 180 days, with up to four years in jail. Three or more aggravated DWI convictions within 10 years would result in a mandatory jail term of one year, with a possible sentence of up to seven years. The fines for these types of offenses would also increase with multiple convictions.

The landscape of DWI laws in New York State is constantly changing and it is important to consult with an experienced criminal defense attorney if you or a loved one is charged with any level DWI. The Mineola criminal defense attorney’s at Schalk, Ciaccio & Kahn are all former prosecutors and nationally recognized for their work defending clients charged with DWI. To learn more about DWI in NY visit SCKESQ.com or to speak to one of our attorneys call us at 516-858-1266.