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What happens after a second DUI in New York?

On Behalf of Jeffrey L. Hersh, Attorney at Law | Jun 6, 2025 | Uncategorized

You’ve been through this before — maybe not the exact same circumstance, but close enough that it feels uncomfortably familiar. The first time, you hoped it was a one-time mistake, something that would fade with time. Now you’ve been arrested and charged with a second DUI, and everything feels heavier. The court, the consequences and the anxiety about what happens next. 

It’s not just a legal issue anymore. It’s a moment that could reshape your future, and how you respond now can make all the difference.

What the law says about second DUI offenses

Under New York State Vehicle and Traffic Law, a second offense for driving while intoxicated within 10 years is classified as a Class E felony. That means you could be facing up to four years in prison, a mandatory minimum fine of $1,000 and a revocation of your license for at least 18 months. You must also install and maintain an ignition interlock device on any vehicle you own or operate for a minimum of one year after the reinstatement of your license.

As this is a felony-level offense, it carries long-term consequences — not just with the DMV, but also with employment, housing and routine background checks.

What happens to your license after a second DUI

After a second offense, your license will be revoked, not suspended. In most cases, that revocation lasts at least 18 months, and you must complete all DMV requirements before applying for reinstatement. Your driving privileges may come back gradually, starting with a restricted license and ignition interlock requirement after you complete the Impaired Driver Program where the fate of your driving privileges will be determined.

New York State DMV also tracks alcohol-related offenses using a lifetime review system, which means prior offenses don’t disappear over time. If you’ve had more than two alcohol-related driving offenses in a 10-year period, you could be denied re-licensing entirely. If you have more than 20 points in addition to the alcohol-related convictions, your application will immediately be denied.

What you can do to strengthen your defense

The sooner you act, the more control you keep. Working with a defense attorney early allows you to review the evidence, question testing procedures and explore any constitutional issues. It also gives you time to build a record of personal accountability. Voluntary steps like enrolling in a treatment program, submitting to alcohol monitoring or gathering character references may not erase the charge, but they can help shape how the court sees you now versus who you were before.

This time doesn’t have to define the rest of your story

A second DUI charge in New York may feel like a legal setback, as it can shake your confidence, your job and even your daily routine. However, this doesn’t have to be the final word. If you’re ready to take back some control, begin by assessing your options and working with someone who knows how courts handle these cases — Someone who can provide the guidance and provide a clear path of practical outcomes given the circumstances of your case. And a team that will help you take smart, steady steps forward.

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