Legal Question in DUI Law in New York

3rd offense within 10 years

44 yr old male arrested for 3rd dwi offense within 10 years. last one being 3 years ago. Any options or mandatory jail sentence?


Asked on 2/17/07, 5:21 pm

2 Answers from Attorneys

Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: 3rd offense within 10 years

The Statute does not "demand" jail time. There are many options when defending or prosecuting a DWI. Treatment is (or, at least, should be) the first option but you will need someone familiar with the prosecutors, judges and policies of the jurisdiction you are in. Good Luck and be well.

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Answered on 2/18/07, 7:53 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: 3rd offense within 10 years

Generally, after the first offense the second and third offense within 10 years is chargeable as a Felony.

There are not necessarily any mandatory jail sentences, as i have personally handled many such cases where there have been multiple DWI offenses within the ten year period and have not had a client serve time.

Feel free to contact my office. You can visit our website at www.cgonzalezlawfirm.com or email us at the address provided below or call us directly at 2127098303

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Answered on 2/17/07, 8:54 pm


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