Third DWI in New York

by SHU

Published: Dec 16, 2017 | Updated: Nov 8, 2022 |

dwi lawyer buffalo ny

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Vince's Law, Three-Strike DWI Law

Governor Cuomo signed Vince's Law on August 1, 2014. Vince's Law took effect in November of 2014. Vince's Law will increase the penalties for three time DWI offenders when all of the convictions occurred on or after the enactment of the law. The bill is named after Vincent Russo, an elderly Onondaga County man, who was killed by a drunk driver that had five prior alcohol related driving convictions. The convictions had occurred mostly within a 17 year period before the accident that killed Mr. Russo.

If an individual is charged with a second DWI within ten years of the first DWI conviction, it constitutes an E felony. Once a DWI conviction becomes ten years old it no longer counts as a predicate conviction for a second DWI. However, Vince's Law expands the penalties for an individual that has a third DWI conviction within a fifteen year period regardless if the second DWI conviction was charged as a misdemeanor. Therefore, a third DWI within fifteen years, will be charged as a D Felony which carries up to a $10,000 fine and up to 7 years in state prison.

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