If you are facing criminal charges for a third DUI in New York, you should not take this lightly. While you may believe your situation is hopeless, working with a skilled Rockland County DUI Attorney can help improve your chances of receiving the best possible outcome for your circumstances. Please continue reading to learn whether you can face jail time for a third or subsequent DUI offense in New York.
What Constitutes a DUI in New York?
A DUI, or driving under the influence, is a criminal offense that occurs when a motorist operates a vehicle while impaired by any substance to the point that it affects their ability to navigate the roadways safely. In New York, if you have a blood alcohol concentration (BAC) of 0.08% or higher while behind the wheel, you are over the legal limit and can be charged with a DUI by the state of New York.
However, it’s important to note that for drivers under 21, New York enforces a zero-tolerance policy that stipulates that those with any detectable amount of alcohol in their system can be charged with a DUI. Typically, those under the legal drinking age can face a DUI if they have a BAC of 0.02%. Additionally, those who operate a commercial vehicle can face a DUI if they have a BAC of 0.04%. As you can see, DUI is defined differently depending on the unique circumstances of your situation.
It’s also important to understand that you could be charged with a DUI if you are not actively driving. This includes scenarios in which a motorist is sleeping in the driver’s seat with the engine on or if they are found behind the wheel with their keys in their possession. This is because you could have reasonably driven the vehicle while impaired.
What Are the Potential Penalties?
For each subsequent DUI you are charged and convicted for, the penalties will be enhanced. As such, if you are facing criminal charges for a third DUI offense, you can expect hefty fines, driver’s license suspension, and jail time. If this is a subsequent conviction within five years, you will be required to serve a minimum of either 10 days in jail or 60 days of community service. A subsequent DUI within 10 years will result in a class D felony. This means you are looking at fines ranging from $2,000 to $10,000, a revoked driver’s license for at least one year (possible permanent revocation), state surcharges, and up to 7 years in jail.
The amount of time you will spend behind bars will depend on various factors including your BAC level, if anyone was injured, if there were minor passengers in the vehicle, whether you submitted to chemical testing, prior offenses, etc. However, regardless of the circumstances, it will result in a mandatory minimum sentence of one year.
If you are facing DUI charges in New York, it’s in your best interest to hire a seasoned attorney to explore all available defenses on your behalf. Connect with The Law Office of Carl Spector today to learn how we can assist you during these challenging times.
