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Will I Go to Jail for a DWI in New York City?

Answers from a Proven Queens DWI Attorney

The most common question posed by clients facing DWI charges is in regards to whether or not they will have to serve time in jail for their offense. The answer can depend on many different factors that play into your DWI charge.

This is why it is absolutely critical to seek incisive, assertive legal representation when facing a DWI charge. Even the most minor DWI charges carry the potential of jail time, and it's up to sharp legal counsel to make sure that the penalties are minimized or altogether avoided. If you have been charged, we urge you to call us today to speak with an experienced Queens DWI attorney.

DWI in NY: Penalties

DWI charges in New York increase in severity with repeat offenses. Only a first offense is considered a misdemeanor––subsequent DWIs make the crime a felony.

Maximum jail time for DWI in New York include:

  • First DWI in NY: Up to one year in jail
  • Second DWI in NY: Up to four years in jail
  • Third DWI in NY: Up to seven years in jail

Note here that these are maximum penalties. For first offenses in particular, jail time is fairly rare. The judge will consider factors such as the time of your crime, you blood alcohol content, the place where your offense occurred, and other details to determine if jail time is appropriate.

You Don't Have to Stand Alone — Get Your Free Evaluation

Jail time is not a forgone conclusion with a DWI charge. There are steps and strategies you can take to make sure you put your best foot forward when facing trial for driving while intoxicated, the first of which is securing the representation of a dedicated legal representative. We have 100 years of combined legal experience; let us fight to protect your rights.

You don't have to face these charges alone! Call Musa-Obregon Law PC to schedule a free consultation today whether you are in Queens or NYC. We represent clients throughout all of New York, including Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.

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