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Oct 24, 2025|DWI Offenses

First-Time vs. Repeat DWI Offenses

Key Differences Between First-Time and Repeat DWI Offenses

Driving while intoxicated is a crime in New York State. Whether you are being charged for the first time or are a repeat offender, you face serious penalties, including fines and fees, jail or prison time, license suspension or revocation, and personal and financial challenges. If you are facing DWI charges, it’s crucial to hire an experienced attorney who can explain the differences between repeat vs. first-time DWI penalties on Long Island, NY.

Police officer conducting a traffic stop and writing a citation for a driver in a car

What Is DWI in New York?

New York State considers a DWI, or driving while intoxicated, to be driving with a blood alcohol content of 0.08% or higher. Even if you think that you have a high tolerance for alcohol or do not feel impaired, you can be pulled over or stopped for suspicion of a DWI. You may then have to submit to a breathalyzer or blood test to assess the amount of alcohol in your system. Your BAC and level of impairment depend upon what you drank and how much, how quickly you drank, when your last drink was, your age and gender, your body weight, whether you have eaten anything, and your own unique biology and physiology.

First-Time DWI Penalties and Consequences

While the consequences of a first-time DWI may seem less severe than repeat offender penalties, it is still a serious charge that can affect every area of your life. The sentence you face may depend upon your age, the circumstances of your arrest or the charges, your level of intoxication, whether you were operating your vehicle, whether you got into an accident or caused property damage, and whether you had passengers. Some potential consequences of a first-time DWI in New York include:

  • A mandatory fine of $500 to $1,000
  • Up to one year in jail
  • Mandatory revocation of your driver’s license for at least six months

Repeat DWI Consequences and Penalties

If you are charged with your second or subsequent DWI offenses, you will face much harsher penalties. You will also face harsher penalties if you are charged with aggravated DWI. While every situation is unique, some potential consequences of a repeat DWI charge are:

  • Mandatory fine of $1,000 to $10,000
  • Maximum jail term of up to seven years
  • Mandatory driver’s license revocation for between one year and 18 months

Key Differences in DWI Offenses

You can be charged with an alcohol or drug-related violation in New York if you are found to be under the influence of alcohol, prescription medications, or recreational drugs. Here is a closer look at the different offenses and their consequences:

  • Driving While Ability Impaired (DWAI) – A DWAI can be charged if you have over 0.05 BAC but less than 0.07 BAC or if you exhibit any signs or evidence of being impaired.
  • Driving While Intoxicated (DWI) – You may be charged with DWI if you have a blood alcohol content of 0.08 or higher, or 0.04 or higher if you are operating a commercial motor vehicle.
  • Aggravated DWI – An aggravated DWI charge can be imposed if you are found to have a BAC of 0.18 or higher.
  • DWI Refusal – You may be charged with this if you refuse to take a test of your blood, urine, or breath when suspected of a DWI or DWAI.
  • DWAI/Drugs – You may face this charge if you are driving while impaired by a single drug other than alcohol.
  • DWAI/Combination – This charge applies if you are driving while impaired by a combined influence of drugs and alcohol.
  • Zero Tolerance – This charge is imposed on drivers who are under 21 years old and are found to have a 0.02 BAC to a 0.07 BAC while operating a motor vehicle.
  • Suspension Pending Prosecution – If you are charged with a DWI or DWI refusal and are suspected of having a BAC over 0.08 at the time of your arrest, your license may be suspended pending the outcome of your case.

Personal and Financial Consequences of DWI Charges

In addition to legal problems, you may face other personal and financial consequences of DWI charges. This is why it is so important to hire an experienced DWI defense attorney. Some of the potential problems you may face, even if you are not convicted, include:

  • Trouble securing housing
  • Difficulty getting student loans or personal loans
  • Delays in admission to college or university
  • Family and relationship stress
  • Trouble securing or retaining employment
  • Problems with vehicle leases or financing

Schedule a Consultation With Experienced DWI Attorneys

The criminal defense attorneys at Schalk, Ciaccio & Kahn have over 50 years of combined experience. We offer personalized legal advice and guidance as well as representation in legal matters ranging from first-time and subsequent DWI charges to aggravated DWI and DWAI combination charges on Long Island, NY, and throughout Nassau County. Call us now or contact us online to schedule a consultation.

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