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

Answers from a Proven Queens DWI Attorney

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This is why it is absolutely critical to seek incisive, assertive legal representation from Musa-Obregon Law PC 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.

We represent clients throughout all of New York, including Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.

You don't have to face these charges alone! Call Musa-Obregon Law PC at (888) 502-8461 to schedule a free consultation today whether you are in Queens or NYC.

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  • “Mr. Obregon is an experienced, knowledgeable attorney and it shows.”

    Former Client
  • “Gracias a su gran trabajo obtuve mi Permiso de Trabajo y Residencia Permanente en menos de Dos años!”

    Former Client
  • “Highly skilled attorney with extensive trial experience who forcefully articulates and champions relentlessly his client’s needs and welfare.”

    Manuel Portela NYC Criminal and Immigration Lawyer
  • “He's always been right on the money.”

    Jimmy A.
  • “I trust him completely and know he has my best interest in mind.”

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  • “Passionate and effective representation of his clients in various courts.”

    Ade Agbayewa, Esq., New York Criminal Defense
  • “My son has got a good job now and is a free man because of this lawyer.”

    Jaime
  • “Very capable and compassionate professional.”

    A. Schwartz
  • “Would highly recommend him to anyone with a tough deportation or criminal case.”

    Former Client
  • “Michael is one of the most knowledgeable and experienced attorneys in New York.”

    Amal Oummih, Esq. NYC Immigration Lawyer
  • “I have looked up to Michael as a successful attorney, and on occasion for legal consultation and input on my own cases.”

    Abdul Abdurahman, Esq.
  • “He knows both criminal and immigration law like the back of his hand.”

    Nilay Shastry, Esq.
  • “Thanks to their hard work got my Work Permit and Permanent Residence in less than two years!”

    Former Client
  • “Extremely ethical and a great human being.”

    Former Client
  • “Michael Musa-Obregon is an outstanding lawyer.”

    J.O.

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