If I received 2 DUI within in a 2 year period and I am found guilty in both incidents, would I serve any jail time and is it a misdemeanor or felony?

UPDATED: Oct 19, 2011

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If I received 2 DUI within in a 2 year period and I am found guilty in both incidents, would I serve any jail time and is it a misdemeanor or felony?

I don’t have any other criminal charges against me. I am a high school teacher and I am curious if I am found guilty a second time would I have to go to jail or just probation? Should I speak with a DUI attorney? I’m in Nassau County, NY.

Asked on October 19, 2011 under Criminal Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you received a second driving under the influence of alcohol or a controlled substance in a two (2) year period, if you were convicted in the first incident or plead out, there is a very good chance that you will serve jail time for the second incident if there is a conviction or a plea to the charges in addition to a significant fine and loss of your driving privileges.

Given the fact that you are a high school teacher and are facing a possible drunk drive conviction, it is highly recommended that you consult with a criminal defense attorney to represent you. Most likely the rention of a criminal defense attorney will assist in minimizing the chances of you spending time in jail if convicted of a second offense and possibily reducing the amount of the fine that will be imposed.

Good luck.





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