Bronx Third Offense DWI Lawyer
The most serious alcohol-related offenses in The Bronx involve people who have two prior convictions for drunk driving. These apply regardless of whether the convictions involved drugs, alcohol, or a combination of the two. These are Class D felony charges that can result in a mandatory minimum jail sentence and could result in years of imprisonment.
A Bronx third offense DWI lawyer could help you protect your freedom. Throughout the legal process, an experienced DWI attorney could advocate for your rights and fight the allegations you are facing.
Actions that Can Result in a DWI in The Bronx
Regardless of whether someone has a prior DWI condition on their record, the requirements that a prosecutor must meet in court to secure a conviction remain the same. New York Vehicle and Traffic Code §1192 states that a driver breaks the law when:
- Alcohol impairs their ability to drive
- They have a blood/alcohol content of .08 percent or more
- Drugs impair their ability to drive
- A combination of drugs and alcohol impairs their ability to drive
It is essential to fight back against these allegations even for a first offense but fighting a subsequent offense is absolutely vital. A Bronx lawyer could examine a third DWI offense allegation as its own, independent case and build a defense based on those specific facts.
What are the Penalties for a Third DWI Conviction?
A conviction for DWI due to intoxication because of any substance is a misdemeanor-level offense that carries a trio of penalties. A third offense carries these same penalties but to a higher degree. To qualify as a third offense, the convictions must all be within a ten-year period.
However, unlike a first-offense, a third DWI conviction is a class D felony. This means that it can result in up to seven years in prison according to New York Vehicle and Traffic Code §1193(c). Additionally, a third conviction for DWI carries a mandatory minimum jail sentence of ten days.
A subsequent drunk driving conviction also requires a court to suspend a person’s license for at least 18 months. However, depending upon the circumstances of the charge and a person’s driving record, this could result in a permanent revocation. A guilty verdict could also require a person to install an ignition device on their car upon regaining their license.
Finally, the fines that accompany a DWI conviction are always significant. At the very least, these will include a fine of $2,000 and a few hundred dollars-worth of administrative fees. A Bronx lawyer could explain the potential penalties for a third DWI conviction.
What are the Collateral Consequences of a Subsequent DWI Conviction?
The consequences that stem directly from state law are known as statutory penalties. However, the jail time and fines prescribed by statute are not the only consequences that can follow a third drunk driving offense. There are also collateral consequences that could follow a person for the rest of their lives.
Collateral consequences are significant for felony offenses. A person convicted of a third drunk driving offense could lose their constitutional rights including the right to vote or own firearms. Many employers and landlords will also reject applications for individuals with felony convictions on their record.
Will DWI Convictions from Another State Count Against Me?
Any conviction for DWI that occurred within the previous ten years could be used by the state to bring a third-offense DWI case. This is true not only for convictions that occurred in The Bronx but also in other states as well. Additionally, any conviction that would have qualified for a DWI in The Bronx could be used even if that state referred to the offense by another name. A lawyer in the Bronx could determine if someone’s previous convictions may count against them if they have been accused of DWI for a third time.
Let a Bronx Third Offense DWI Attorney Help
A third conviction for drunk driving could have a permanent effect on your life. Not only will this label you as a felon, but a conviction also carries a mandatory jail sentence. More severe instances could result in multiple years in prison. A Bronx third offense DWI lawyer could help to defend your freedom and your ability to drive. To learn more, call today.