What am I facing for a DWI if I was caught on a DWAI 2 years ago?

It depends largely upon which County you were caught in. If it's Nassau, it is usually much harsher than Suffolk or Queens. If it's upstate, it can again go easily or much more harshly. Usually with a second DWI, you are looking at some Probation and possibly jail time recommendation that has to be worked around very diligently to getaround it. I suggest you hire the best criminal defense attorney you can find and fight the case. Good luck.

A couple of things right off the bat. Your license will probably be suspended pending prosecution and you will not be entitled to a hardship privilege to drive to work or anything else. Your BAC reading was somewhat low (0.12% BAC; if it was really 1.2% we would not be exchanging emails right now), so you might just get away with a plea offer of a DWI misdemeanor with a conditional discharge and not probation. You definitely don't want probation. I think that is where the battle lines will be drawn. If you plea or are convicted, your license will be revoked for six months and you probably will not be able to get a conditional license for even limited driving privileges during that period. Also, a fine of up to $1,000.00, a $400.00 surcharge, a $750.00 DMV driver safety assessment, $75.00 to enroll in the DMV Drinking Driver Program (DDP) if you haven't already done it in the past five years and up to $225.00 program fee for the DDP. Then you will also have to pay your attorney on top of all of that.

You could potentially be charged with felony DWI. This is a serious matter. You should call us to discuss our office representing you in fighting the charge.