Brooklyn Felony DWI Lawyer

Is a DWI a Felony in New York?

If you are arrested for your first DWI offense in New York, you will most likely be facing misdemeanor charges. The consequences escalate greatly with each additional conviction of driving while intoxicated in the state of NY. A person who is convicted of DWI a third time can face serious felony charges. It is important to fight all DWI charges to ensure that your record remains clean. While a first DWI may seem minor, if you later get arrested for DWI again, the consequences are significantly harsher.

Felony DWI Laws in the State of NY

A third DUI will become a felony in New York. Aggravated DWI, DWAID, or DWAI-Combination within ten years is a D felony in New York. If your DUI leads to someone's death or severe injury, it automatically becomes a felony DUI.

• Some of the elements that may lead to felony charges include:
• DWI with a child in the car (under age 16)
• DWI with a prior conviction within 10 years
• DWI with an accident injuring another individual (Vehicular Assault)
• DWI with an accident killing another individual (Vehicular Manslaughter)

Penalties for Felony DWI

If your DWI offenses involves a prior offense or is considered vehicular assault, you may be facing Class E felony charges.

• A Class E felony in New York is punishable by:
• Between $1,000 and $5,000 in fines
• State prison sentence of up to four years
• Probation for five years
• Driver's license revocation for at least one year
• Driver responsibility assessment

• If the offense was vehicular manslaughter or more serious vehicular assault, the charges involved may be a Class D felony. This level of felony is punishable by:
• Between $2,000 and $10,000 in fines
• State prison sentence of up to seven years
• Probation for five years
• Driver's license revocation for at least 18 months
• Driver responsibility assessment

Other penalties involved in these offenses could be community service, ignition interlock device installation, alcohol abuse assessment and more. Felony DWI charges are serious and you need to seek aggressive legal representation right away. Contact The Law Offices of Michael Mullen to have experience on your side in your case. We have a former assistant district attorney and retired former New York Police Department captain to investigate your case and build the best possible defense.