Third Conviction

Three or more alcohol-related convictions in New York State within ten years can result in permanent revocation of a driver's license. Although waiver requests are permitted after five months of revocation, the Department of Motor Vehicles will be the final determinant in when and whether or not a license can be returned. This is not an automatic process. In fact, the convicted driver must reapply for a license and may be required to take a driver's test again.

Moving up into the Class D felony group, convicted drivers will now face a mandatory minimum fine of $2,000, with a potential maximum charge of $10,000. Furthermore, these steep fines don't even include the mandatory conviction surcharge and potential crime victim's assistance fees. The fees alone may reach upwards of hundreds of dollars.

On this third strike, the offender gets to spend a week-and-a-half in jail, or they may be allowed to substitute it for 60 days of community service. Depending on the circumstances, as many as seven years of incarceration could be the punishment. This possible jail sentence is technically what moves the driver from E into the D felony class.

Three DWI convictions in New York State within ten years can be summed up quickly as:

• Fine: $2,000 - $10,000
• Jail sentence: ten days - seven years (or 60 days community service)
• License revocation: 18 months or more