For most New York residents, consuming alcohol is an occasional habit. Having a drink or two with fiend or colleagues is a great way to unwind. However, when consumption increases and an individual decided to get behind the wheel of a vehicle, this can present issues. Even when a driver believes they are still able to drive a vehicle safely, this does not mean they are under the legal limit to operate a motor vehicle. If law enforcement stops a driver while they are under the influence of alcohol, he or she could face a drunk driving charge.
Based on current state laws, those accused of a drunk driving charge in the state of New York could face harsher penalties if he or she has previously been convicted of a DWI. For example, when a motorist has two drunk driving convictions, he or she will no be able to obtain their license back until the statutory minimum revocation period has passed.
Those with three or four prior convictions within the last 25 years will be denied relicensing for two years in addition to the statutory revocation period. If revocation of a license results from an alcohol related driving conviction and he or she has three or four prior convictions, relicensing will be denied for five following the statutory revocation period.
If an individual has five or more drunk driving convictions on their record, he or she will be permanently denied a driver’s license unless he or she has compelling or extenuating circumstances. This person is considered a persistently dangerous driver.
No matter the circumstances or how many past convictions a driver has on their record, one should note their rights and ability to take action. A criminal defense is possible, which could help the accused face less harsh penalties, avoiding additional convictions on their record as well.
James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.
About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…