If you are convicted of DWI within ten years of a prior conviction under Vehicle & Traffic Law §1192, New York can charge the new case as a Class E felony. That is a fundamental shift from a first offense: the exposure is state prison, not county jail, and the collateral consequences are heavier and longer.
What a second offense carries
A second DWI as a Class E felony carries a fine of $1,000 to $5,000 and up to four years of incarceration, up to five years of probation, and a license revocation of at least one year. Critically, before the DMV will relicense you, it generally requires evidence of an alcohol evaluation and, where indicated, rehabilitation, so getting back on the road is not automatic even after the revocation period. The mandatory surcharge (now $300 at the felony level) and $25 victim fee, the $750 Driver Responsibility Assessment, and a minimum 12-month ignition interlock all still apply. A second Aggravated DWI carries an 18-month revocation.
The ten-year window is where cases are fought
Whether the prior conviction falls inside the ten-year lookback, and whether that prior is even valid to use as a predicate, can decide whether you face a felony or a misdemeanor. The date of the prior, the nature of the prior plea, and the paperwork behind it all matter, and they are exactly the kind of thing an experienced defense examines first.
How it is defended
Everything that defends a first DWI still applies, the lawfulness of the stop and the testing, plus the added front of the prior conviction itself. The goal is to knock the case down from a felony, and where the proof allows, to a reduction. Because the stakes are prison and your long-term license, this is not a case to wait on. See the full felony DWI overview.
Figures reflect current New York law (VTL §§1192, 1193, 1809; NY DMV) as of 2026 and are general information, not legal advice. Your exact exposure depends on the facts of your case.