New York Criminal Defense Lawyer

Felony DWI/DUI

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 New York

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)

Are you facing a felony DWI in New York? Call The Law Offices of Michael Mullen today at (347) 462-0338 or contact us online to schedule a meeting with our felony DWI attorney in Brooklyn!


What Are the Penalties for a Felony DWI?

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

A NY Class E Felony 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 a 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 today to schedule a consultation!


  • “Michael represented me in a criminal case. His professionalism and knowledge kept me at ease, knowing I was in more than capable hands and not alone.” - Julius
  • “Michael Mullen was the best attorney I have ever had the pleasure of working with. Yes, Michael was my attorney, but after everything, I now consider Michael a friend and a life savior.” - Robert
  • “I hired Mr. Mullen to defend me against false assault charges. After hiring Mr. Mullen, he was able to get all the charges dismissed!” - Thomas