Bronx Second Offense DWI Lawyer
An allegation of a second DWI within a period of ten years is generally a felony-level charge. Conviction here will usually result in a permanent criminal record, will require the payment of a fine of at least $1,000, and may result in a jail term of up to four years.
A Bronx second offense DWI lawyer could help you if you are facing new charges after already having received a conviction. A diligent DWI attorney could help to combat the new charges throughout the legal process.
When DWI Charges Become Second-Offenses
Any prior conviction for DWI remains on a person’s criminal record. This applies regardless of why the conviction is on the person’s record, whether it be the result of a plea deal or a conviction after trial. This record may be known to the officer who makes the arrest and is certainly known to the prosecutor who files the criminal charges. However, the jury in the case if the charges go to trial will be left unaware of the person’s criminal history during the principal part of the case. It is only after they issue a verdict of “guilty” that the charges become a second offense.
This only has an impact if a prior conviction took place within a limited time frame. According to New York Vehicle and Traffic Code §1193(c), offenses only compile if they occur within ten years of each other. As a result, courts must treat an arrest for a subsequent DWI as a first offense if the individual’s record indicates that a prior conviction occurred more than ten years ago. A Bronx second offense DWI lawyer could help individuals understand when and why a court treats an arrest as a second offense.
Potential Consequences for a Second Conviction in The Bronx
A second conviction for DWI is a felony-level offense. As a result, it is vital to take any step possible to avoid a conviction. Sentences for second-offense DWI will generally include a fine of at least $1,000, a license suspension of at least one year, and is far more likely to result in a prison sentence that can be up to four years.
A Bronx second offense DWI lawyer could help a person avoid this fate. Even if someone has a prior conviction for DWI, the prosecutor still needs to prove that they were intoxicated at the time of the arrest. This involves providing evidence that a police officer had reasonable suspicion to make the stop, had a justification to demand chemical tests, and that the officer did not violate any of the accused’s other Constitutional rights. A Bronx second offense DWI lawyer could help to form a defense that best fits the facts of a person’s case.
Let a Bronx Second Offense DWI Attorney Be an Advocate
A first conviction for DWI can have negative impacts on your life. A conviction for a second DWI is far more devastating. This can result in a felony record, will result in heavy fines, and can result in a lengthy prison sentence.
Reaching out to a Bronx second offense DWI lawyer may be a great first step in protecting your rights. Call today to learn more.