Second Offense DUI/DWI in New York

Under the New York Vehicle & Traffic Law (VTL), a DWI (Driving While Intoxicated) is an offense subject to arrest and penalties. A second DWI offense in New York generally refers to an arrest for driving with a Blood Alcohol Content (BAC) of 0.08% or higher, or while impaired by drugs or alcohol within 10 years of a previous such arrest.

Per §1192(3) of the VTL and §70.06 of the New York Penal Law, second DWI offenses are usually charged as felonies with harsher penalties than first DWI incidents. This felony designation reflects the state's stance on repeat DWI offenses and its commitment to public safety through stricter penalties.

Is a 2nd DUI a Felony in New York?

Classifying a second DWI offense as either a misdemeanor or felony typically depends on the severity and timeframe between it and the previous incident. In New York, a DWI offense may be considered a misdemeanor if it is a first-time incident or occurs after a time lapse of 10 years or more from the last incident. However, in New York, it automatically becomes a felony if:

• The incident occurs within 10 years of a previous violation (Class E felony)
• The offender is driving with a passenger below the age of 16 years (Leandra's Law) (Class E felony)
• The DWI offense results in injury (Class E or D felony)
• The DWI violation leads to a death (Class D, C, or B felony)
• There is a previous DWI felony conviction.

What is the Lookback Period for a Second DUI in New York?

A lookback period is the time lapse during which the state reviews driving/criminal records to determine whether a current offense counts as a first-time incident. In New York, the lookback period for a DWI offense is 10 years (§ 1193 (1)(c) of the New York Vehicle and Traffic Law). A second DWI violation within 10 years of a previous incident triggers a felony classification and penalties.

What are Aggravating Factors in a Second DUI?

In New York, aggravating factors in second DWI offenses generally refer to elements that lead to harsher penalties, such as felony charges, higher fines, and extended license revocation, including:

• A Blood Alcohol Concentration of 0.18% or higher
• Child Passenger Under Age 16
• An accident resulting in death or injury
• Refusal to submit to a chemical test
• Violation within 10 years of a previous incident
• Excessive Speeding (over 20 mph over the speed limit) or Reckless Driving
• Driving on a suspended or revoked license
• Multiple DWI violations on a record
• An open container in a vehicle.

Specific aggravating factors during or resulting from DWI offenses may increase the severity of the charges and penalties. For instance, the presence of a child passenger automatically results in a Class E felony charge that may potentially lead to a mandatory ignition interlock and jail term. Similarly, a second DWI conviction within 10 years of a previous incident results in a Class D felony charge and an extended license suspension period.

What Happens If You Get a 2nd DUI/DWI in New York?

The following are some potential consequences of a second DUI/DWI in New York:

• Class E felony (second offense within ten years)
• 5 days–4 years imprisonment or ≥30 days community service
• $1,000–$5,000 fine plus three-year DMV assessment
• License revocation for at least 12 months
• Ignition-interlock on all vehicles for ≥6 months upon relicensing
• Permanent felony record, higher insurance premiums, mandatory alcohol treatment
• Counts toward DMV's "four alcohol incidents" rule, risking lifetime license denial

How Long Does a Second DUI Stay On Your Record in New York?

A second DWI conviction may stay indefinitely on records with long-lasting consequences. In New York, DWI felony convictions are generally non-expungeable, and these records are permanently accessible to employers, law enforcement, and licensing agencies. These may influence employment opportunities, housing, and personal reputation.

How Much Does a Second DUI Cost in New York?

In New York, a second DWI offense within 10 years of a previous conviction is typically a felony with monetary fines ranging from $1,000 to $5,000. These fines may increase due to factors like Blood Alcohol Content of 0.18% or higher, having child passengers in the vehicle during the violation, or refusal to submit to chemical tests. Additionally, there are other financial costs, including:

• Approximately $400.00 in court fees
• A monthly $30.00 administrative fee during the probation period
• Mandatory $520.00 surcharge
• A $5.00 town/village court fee (if the conviction is in a town or village court)
• A $750.00 Driver Responsibility Assessment payable in $250.00 installments over three months.

Chances of Going to Jail for a Second DUI/DWI In New York

A second DWI violation in New York may lead to a jail sentence ranging from 5 days (minimum) to 4 years. However, aggravating factors such as a BAC of 0.18% or higher, having a child passenger, injury or death resulting from the violation, or refusing to take a chemical test may significantly increase the sentence. For instance, previous DWI convictions or incidents involving death or serious injuries may potentially increase the length of incarceration to 7 years or more.

Driver's License Suspension for a Second DUI/DWI In New York

A second DWI conviction in New York within 10 years may result in a minimum 1-year driver's license suspension. This revocation period may extend if aggravating factors exist. For example, the New York DMV may suspend a license for up to 5 years or place a lifetime ban on those with three or more DWI convictions within 25 years.

Nonetheless, a DWI violator may qualify for a Hardship License during the pre-conviction suspension period; this grants limited driving privileges and enables them to drive to and from work, schools, or medical appointments, provided they demonstrate a lack of reasonable alternative transportation. DWI offenders may also be eligible for a post-conviction Hardship License if they:

• Complete Impaired Driver Programs (IDP)
• Did not refuse chemical tests
• Are not subject to lifetime revocations.

Ignition Interlock Device Requirement

Sections 1193(1)(c) and 1198 of the New York Vehicle and Traffic Law and the New York Penal Law § 60.21 stipulate mandatory Ignition Interlock Device (IID) installation for a minimum of 12 months for DWI offenders who violate Leandra's Law regardless of the classification of the offense (misdemeanor or felony). The court may order a lengthier period if there are other aggravating factors.

Typically, the offender bears the financial burden of the IID, including installation ($75.00 to $150.00), monthly rental/monitoring (between $70.00 and $100.00), and removal fee (between $50.00 and $100.00).

DUI School and Substance Abuse Treatment

New York mandates DWI school for individuals with second DWI arrests, either as part of their sentence or as a requirement for conditional licenses. This requirement is fulfilled through the Impaired Drivers Program (IDP), a New York State program providing education and rehabilitation for DWI convicts.

The New York IDP program involves seven weekly sessions, each lasting 2 to 3 hours, totaling 16 hours of instruction. Participants must undergo clinical alcohol and drug assessments, and may be subject to further evaluations at the end of the program if the courts mandate it.

Probation Conditions

Following a DWI conviction in New York, the court may impose probation as part of the sentence. The terms for DWI probation are designed to monitor behavior, support rehabilitation, and ensure public safety. In New York, the standard terms of probation for a second DWI arrest include:

• Mandatory in-person or virtual meetings with probation officers (this may be weekly or monthly)
• Abstinence from alcohol and non-prescribed drugs (enforceable through random drug tests with positive results leading to probation revocation and jail terms)
• Travel restrictions within a county or New York (possibly requiring passport surrender and permissions to travel)
• Installation of Ignition Interlock Device (IID)
• Compliance with court-ordered programs, such as Impaired Driver Program (IDP), clinical alcohol/drug assessment, and attendance at victim impact panels or alcohol education classes.

Community Service Requirements

New York courts frequently mandate community services as part of sentencing or probation for a second DWI conviction, especially in cases without injuries. This requirement may last between 30 and 100 hours, serving as an alternative to incarceration or complementing a jail sentence to promote rehabilitation. The exact number of hours depends on the offender's previous record, the details surrounding their arrests, and their acceptance of plea bargains or alternative sentencing options.

Impact on Auto Insurance

A second DWI arrest in New York may severely impact auto insurance premiums and lead to the policy's cancellation or non-renewal. Insurance companies in New York consider second DWI convictions as high-risk driving behavior. To mitigate these risks, insurers may drastically increase the offenders' auto insurance premiums at their next renewals or outright terminate their policies.

Furthermore, the New York DMV may notify insurance companies of DWI convictions and license suspensions, requesting proof of financial responsibility as a criterion for license reinstatement.

Which Courts Handle DUI Cases in New York?

In New York, jurisdiction over DWI incidents depends on the severity of the offense, the location of the offense, and the local court system. Generally, Village, Town, and City Courts have jurisdiction over most DWI trials in New York, particularly misdemeanor charges. However, felony DWI offenses, including repeat offenses, and those involving injuries, deaths, or aggravating circumstances, fall under the authority of the County or Supreme Courts.

The following is the contact information for five key courts in central New York cities that handle DWI cases:

New York County Criminal Court (Manhattan)
100 Centre Street,
New York,
NY 10013
Phone: (646) 386-4500
Website: NYC Criminal Court

Albany City Court
1 Morton Avenue,
Albany,
NY 12202
Phone: (518) 453-5520
Website: Albany City Court – Criminal Part

Buffalo City Court
50 Delaware Avenue,
Buffalo,
NY 14202
Phone: (716) 845-2600
Website: Buffalo City Court

Rochester City Court – Criminal Division
Public Safety Building
150 South Plymouth Avenue, Room 123,
Rochester,
NY 14614
Phone: (585) 371-3413
Website: Rochester City Court

Syracuse City Court
505 South State Street, Suite 130,
Syracuse,
NY 13202
Phone: (315) 671-2700
Website: Syracuse City Court.

The New York Department of Motor Vehicles (DMV) enforces, administers, and oversees laws relating to driving privileges within New York. In addition to its responsibility as a licensing agency, the DMV works with the courts and law enforcement to ensure driver accountability and public safety. In general, the New York DMV's responsibilities include:

• Issuance and suspension of driver's licenses
• Administrative hearings relating to license suspensions and revocations
• Impaired Driver Program (IDP) Administration
• Ignition Interlock Device (IID) Oversight
• Maintaining driver records and the point system
• Notifying insurance companies of DWI-related suspensions or revocations.

Depending on the specific situations, interested individuals may contact the New York State Department of Motor Vehicles for information about license hearings and appeals at the following addresses:

DMV Appeals Board (Statewide)
New York State DMV
Appeals Board
P.O. Box 2935
Albany,
NY 12220-0935
Phone: (518) 474-1052
Website: Appeals Board | NY DMV

Traffic Violations Bureau (TVB) Appeals – New York City Only
New York State DMV
Appeals Board
P.O. Box 2935,
Albany,
NY 12220-0935
Phone: (718) 488-5710
Website: Appeal a TVB Ticket Conviction | NY DMV

Safety Hearing Office Locations

Albany
855 Central Avenue, Hearing Room A or B,
Albany,
NY 12206

Bronx
696 East Fordham Road, 1st Floor, Hearing Room 7,
Bronx,
NY 10458

Buffalo
Ellicott Square Building, 295 Main Street, Room 468,
Buffalo,
NY 14203

New York City
17 Battery Place, 10th Floor, Hearing Room A or B,
New York,
NY 10004

Rochester
Reynolds Arcade Building, 16 East Main Street, 5th Floor,
Rochester,
NY 14614

Syracuse
Western Lights Plaza, 4671 Onondaga Boulevard, Suite 100B,
Syracuse,
NY 13219.

Can You Get a DUI on a Horse in New York?

No. New York's drunk-driving statutes apply only to "motor vehicles", so an impaired rider on a lone horse—or on a horse-drawn buggy or carriage—cannot be charged with DUI/DWI under Vehicle & Traffic Law § 1192. While § 1192 does not apply, police can (and often do) pursue other charges, such as:

• Reckless endangerment or disorderly conduct if the riding endangers the public (Penal Law § 120.20, § 240.20).
• Local open-container or public-intoxication ordinances (varies by municipality).
• Animal-cruelty violations under Agriculture & Markets Law § 353 if the horse is mistreated.

So the rider may still be arrested or ticketed, just not for DWI/DUI.