Blog
New York Felony DWI Lawyers
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.
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.
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.
Don’t deal with New York Felony DWI Lawyers alone. Speak to the Spodek Law Group today.
New York Felony DWI Lawyers
Operating a motor vehicle while under the influence in New York is against the law. The crime is called driving while intoxicated. According to state law, you cannot have 0.08 percent or higher of alcohol in your bloodstream while operating a motor vehicle. The level of alcohol in your bloodstream is called BAC.
Generally, DWI can be a misdemeanor offense. As a misdemeanor, you face jail time, fines and other penalties such as license revocation.
A Misdemeanor DWI May be Upgraded to a Felony in New York
A DWI may be upgraded by the prosecutor’s office under one of two circumstances: the age of your passenger or number of prior DWI convictions.
Leandra’s Law outlined in VTL 1192.2a(b) makes it illegal to operate a motor vehicle while under the influence of alcohol and with a passenger under 16 years old. The other circumstance is when the current DWI charge is “bumped” up to a felony because of a prior DWI conviction.
The previous DWI charge must be somehow related to driving while intoxicated. It includes a previous conviction of:
• DWI: Driving while intoxicated. You must have a BAC of 0.08 percent or higher.
• Vehicular Manslaughter: Vehicular manslaughter is the crime of killing another human being while operation a motor vehicle while intoxicated.
• Aggravated DWI: Aggravated DWI is the crime of driving while intoxicated too. Instead of having a 0.08 percent BAC, you have a BAC of 0.18 percent.
• DWAI by Drugs: Driving while impaired by drugs is the criminal act of operating a motor vehicle while under the influence of drugs, not alcohol.
Penalties for Felony DWI According to Leandra’s Law
You cannot have a minor 16 years old or younger in your motor vehicle while driving while intoxicated. If convicted, you face a fine ranging from $1,000 to $5,000. In addition, you face felony time. Felony punishment is time in prison for a minimum of one year.
The punishment under Leandra’s Law are:
• About four years in prison in prison for a Class E felony if it is a first-time offense. This means you were accused of driving while either intoxicated or impaired by alcohol or drugs. Your passenger was younger than 15 years old.
• Time increases to 15 years in prison if you are a first-time offender. This is a Class C felony. This felony crime means that you were accused of driving while intoxicated with a minor in the vehicle. That minor sustained serious physical injury while you were operating the motor vehicle while intoxicated.
• Up to 25 years in prison for a first-time offender for a Class B felony. This means you were accused of driving while intoxicated or impaired and the passenger was under 16 years old. The minor died during the DWI.
Penalties According to the Upgraded DWI Felony
If you are arrested for a DWI or DWI-related conviction within a 10-year period, you can face a felony DWI charge. If you are convicted of felony DWI, you face a Class E felony. The punishment for a Class E felony is:
• About four years in state prison. A misdemeanor DWI requires only serving about one year in county jail.
• Fine ranging from $1,000 to $5,000
• License revocation for one year or more
• Probation for five years
• Installation of an ignition interlock device. The device prevents you from operating a motor vehicle unless the breathalyzer attached indicates you are not intoxicated.
• Attend an Victim Impact Panel
• Pay $520 surcharge and a three-year assessment to the New York Department of Motor Vehicles (DMV). The total of the assessment is about $750.
Contact a criminal Attorney about Your Felony DWI
One key to fighting a felony DWI is to attack the elements prosecutors need to use to prove their case. This means challenging whether you were over the BAC limit. If you are accused of another DWI within a 10-year period, we must get the charge decreased or dropped. We must show the prosecutor there is no reason to charge you with felony DWI.
Let’s discuss you case during our initial consultation. Our consultation is free. During our consultation, we will discuss your version of events. We will then let you know the defenses available to you to fight the criminal charge.
While we work to get your felony DWI charge dismissed or dropped, we will prepare for trial. Our goal is to obtain a not guilty verdict so you can put the criminal charge behind you. Contact immediately for help. We are here for you.