New York Felony DWI Lawyers

Understanding DWI Charges in New York

If you drive while you’re intoxicated, then there is a possibility that you will be stopped by an officer because of your actions on the road. After speaking with you and possibly giving you a field test to determine if you are intoxicated, the officer could arrest and charge you with a DWI. There are a few circumstances when the DWI that you would receive would be considered a felony. This is a situation when you would want to seek the assistance of an attorney in New York who can assist you in delivering evidence that could reduce your sentence or show that you weren’t intoxicated when you were arrested. Another defense that your attorney could use is that the officer discovered that you were intoxicated in a manner that was illegal or that you were stopped without probable cause.

In the event that you are charged with a felony DWI, you could face some of the most serious punishments in the state of New York. If you’re convicted of a felony DWI, then you could serve your sentence in prison whereas a misdemeanor would mean that you would likely be sentenced to spend time in jail. There are a few different components as to why you would be charged with a felony instead of a misdemeanor. If you’re arrested for a second DWI within 10 years of being convicted of a misdemeanor or if you are charged with a DWAI, then you will likely face a Class E felony. Although this is among the less serious of the felonies in New York, it can have huge impacts on your criminal background. It could mean that you spend several months in prison, losing your job, or losing your license.

Penalties for Class E Felony DWI

There are a few different penalties for a Class E felony DWI charge. You should also keep in mind that you don’t need to be driving under the influence of alcohol to be charged with a DWI. You could be under the influence of other drugs that make you intoxicated while you’re behind the wheel. If you’re convicted, you could spend up to four years in prison. If you don’t have other charges on your background, then your attorney can sometimes ask to have your sentence reduced, but you would likely still have to spend a few months in prison because of your actions. If the court sees fit and if you have close ties to the community, then you could be sentenced to up to five years or being on probation. You will be monitored, and you will usually need to have frequent drug tests to ensure that you’re not using any illegal substances. If you are charged with another crime while you’re on probation, then you could receive your original sentence and spend a longer time in prison because of the new crime that you committed.

Additional Consequences of Felony DWI Conviction

After being convicted of a felony DWI, you could have to pay fines of up to $5,000. Community service is an option as well, especially if you are sentenced to probation. You will have a criminal record that has a felony on it, which can impact your job possibilities. Sometimes, your license will be suspended or even revoked. You will no longer be able to register a firearm or serve on a jury. One way to get the help that you need if you know that you have a problem with drugs or alcohol would be to talk to your attorney and approach the court about a treatment program. This would give you the help that you need to get better and also keep you from going to prison.

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Legal Scenario: What Would You Do?

Scenario

You were pulled over at a DWI checkpoint in Manhattan after leaving a work dinner where you had several glasses of wine. The officer administered a breathalyzer test and your BAC registered at 0.19%, more than twice the legal limit, and you learned you have a prior DWI conviction from three years ago.

What am I facing if this is my second DWI arrest in New York and my BAC was well over the legal limit?

Attorney's Answer

Under New York Vehicle and Traffic Law Section 1193, a second DWI offense within ten years is automatically charged as a Class E felony, carrying a potential sentence of up to four years in state prison. With a BAC of 0.19%, you also face an Aggravated DWI charge under VTL 1192(2-a), which increases the mandatory minimum fines and license revocation periods. The court will impose a minimum one-year license revocation and fines ranging from $1,000 to $5,000, along with mandatory installation of an ignition interlock device. An experienced New York DWI attorney can evaluate whether the checkpoint stop and breathalyzer administration followed proper protocols, which could provide grounds to challenge the evidence against you.

This is general information only. Contact us for advice specific to your situation.

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New York Felony DWI Lawyers