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What is the laws and penalties for a 2nd DUI in New York?

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Question:

I just got pulled over for a second DUI after my last one which was 3 years ago in New York. I wasn't violating any traffic laws and got pulled over because my tags were expired. I was breathalyzed at a .09.

 

Answer: (1)

Why were your tags expired? Did you fail to pay registration on time? I hope not, otherwise that would be an additional fine.

The look back period in New York is 10 years, so your DUI from 3 years ago will count in assesing stiffer penalties for your 2nd violation.

A 2nd DUI in New York isn't limited to but usually comes with the following penalties:

  • Class E Felony Charge
  • A minimum fine of $1000, up to $5000
  • A minimum jail sentence of 10 days, up to 7 years
  • 60 hours of community service
  • Driver's license revocation for 1 year plus use of ignition interlock device after suspension

References:

Posted by Staff Writer on 21 Jan 2010

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