Felony DWI Attorneys NYC

What Constitutes a Felony DWI in NY?

In New York City, a DWI or DWAI (Driving While Ability Impaired) offense is generally considered a misdemeanor. 

However, it may be elevated to a felony DWI charge under certain circumstances, such as those an experienced felony drunk driving lawyer in New York would watch for:

• Multiple DWAI Convictions: If you have previously been convicted of DWI or DWAI (Driving While Ability Impaired) within the past ten years, a subsequent DWI offense can be charged as a felony. 
  • A second DWAI offense within ten years may be charged as a Class E felony.
  • A third DWAI offense within ten years can be even more serious, charged as a Class D felony.
• Aggravated DWAI: Driving with a blood alcohol concentration (BAC) of 0.18% or higher can lead to an aggravated DWI charge, which is a misdemeanor. However, if you have a prior DWI conviction within the past ten years, a subsequent offense with a high BAC may be charged as a Class E felony. A third offense is a Class D felony.
• DWAI Causing Serious Injury: If you operate a motor vehicle while intoxicated and cause serious physical injury to another person, you may be charged with a Class E felony DWI. Serious injury refers to injuries that present a substantial risk of death, cause disfigurement, or result in the loss or impairment of a body organ or limb.
• DWAI Resulting in Death: If intoxicated driving leads to the death of another person, you can face Class D felony charges. This offense is commonly known as vehicular manslaughter or vehicular homicide.
• Leandra's Law: A first-time DWAI offense can be a felony if a child under 16 was in the car at the time. The specific felony class depends on whether the child was injured or killed in the incident, a scenario your felony DUI lawyer in New York will pay careful attention to.

Understanding whether your charge qualifies as a felony is a critical step and can impact both the legal process and available defenses. For example, felony charges typically require appearing in one of the five county Supreme Courts within New York City, rather than a lower criminal court. Defending against these allegations often depends on the exact circumstances of the arrest, your driving history in New York, and the nature of any injuries or damages alleged by law enforcement or the prosecution. Consulting with a felony DWI attorney in New York, NY, can make all the difference when navigating this process.

New York Felony DWI Penalties & Consequences

In New York, the penalties for a felony DWI are severe and may increase with subsequent offenses or in the presence of aggravating factors. 

Here are the typical penalties associated with felony DWI offenses that a felony drunk driving lawyer in New York will help you understand and address:

Second Offense (Class E Felony)

• Fines: $1,000 to $5,000.
• Imprisonment: Up to 4 years in state prison.
• License Revocation: Minimum of one year.
• Probation: Up to 5 years.
• Mandatory Surcharge: Approximately $520.
• Mandatory Alcohol Screening and Assessment: Possible mandatory participation in a Victim Impact Panel and/or treatment program.
• Ignition Interlock Device: Required for at least one year.

Third Offense (Class D Felony)

• Fines: $2,000 to $10,000.
• Imprisonment: Up to 7 years in state prison.
• License Revocation: Minimum of one year, but the revocation can be longer depending on the circumstances and the judge’s discretion.
• Probation: Up to 5 years.
• Mandatory Surcharge: Approximately $520.
• Mandatory Alcohol Screening and Assessment: Possible mandatory participation in a Victim Impact Panel and/or treatment program.
• Ignition Interlock Device: Required for at least one year.

Aggravated DWI (Class D Felony)

• Fines: $2,000 to $10,000.
• Imprisonment: Up to 7 years in state prison.
• License Revocation: Minimum of 18 months.
• Probation: Up to 5 years.
• Mandatory Surcharge: Approximately $520.
• Mandatory Alcohol Screening and Assessment: Possible mandatory participation in a Victim Impact Panel and/or treatment program.
• Ignition Interlock Device: Required for at least one year.

Felony DWI with Serious Injury or Death

• Vehicular Assault (Class E Felony):
  • Fines: Varies, typically substantial.
  • Imprisonment: Up to 4 years.
  • License Revocation: Typically, at least 1 year.
  • Additional penalties and conditions as determined by the court.
• Aggravated Vehicular Assault (Class C Felony):
  • Fines: Varies, typically substantial.
  • Imprisonment: Up to 15 years.
  • License Revocation: Typically, at least 18 months.
  • Additional penalties and conditions as determined by the court.
• Vehicular Manslaughter (Class D Felony):
  • Fines: Varies, typically substantial.
  • Imprisonment: Up to 7 years.
  • License Revocation: Typically, at least 18 months.
  • Additional penalties and conditions as determined by the court.
• Aggravated Vehicular Homicide (Class B Felony):
  • Fines: Varies, typically substantial.
  • Imprisonment: Up to 25 years.
  • License Revocation: Permanent revocation is possible.
  • Additional penalties and conditions as determined by the court.

Additional Consequences for Felony DWAI in NY

• Permanent Criminal Record: A felony conviction remains on your record permanently.
• Increased Insurance Rates: Significant increases in car insurance premiums.
• Employment and Housing Challenges: Difficulty finding employment and housing due to the felony conviction.
• Loss of Professional Licenses: Possible revocation or suspension of professional licenses.

These penalties highlight the serious nature of felony DWI offenses in New York. If you are facing such charges, it is crucial to seek legal assistance from an experienced NYC felony DWI lawyer, such as a felony drunk driving attorney in New York, to navigate the complex legal system and work toward the best possible outcome given your circumstances.

Defense Strategies for NY Felony DUI Charges

Defending against felony DWI charges in New York requires a thorough understanding of the law, careful examination of the evidence, and well-crafted legal arguments. Common defense strategies that a felony drunk driving lawyer in New York may employ include:

Challenging the Traffic Stop

• Lack of Probable Cause: Claiming that the officer lacked a valid reason to stop the vehicle. If the stop is determined to be unlawful, any evidence obtained afterwards may be suppressed.
• Violation of Rights: Asserting that the defendant’s constitutional rights were violated during the stop or arrest.

Questioning the Field Sobriety Tests

• Improper Administration: Showing that field sobriety tests were not performed according to standardized procedures.
• Physical Condition: Arguing that the defendant’s physical condition, medical issues, or other factors impacted their performance on the tests.

Disputing Breathalyzer & Chemical Test Results

• Calibration and Maintenance: Demonstrating that the breathalyzer or other chemical testing devices were not correctly calibrated or maintained.
• Improper Procedure: Arguing that tests were not conducted in accordance with legal and regulatory requirements.
• Contamination: Raising the possibility that samples were contaminated or improperly handled.

Medical Conditions & Substances

• Medical Conditions: Providing evidence that a medical condition could produce symptoms similar to intoxication (e.g., diabetes, neurological conditions).
• Medications: Arguing that prescription medications or other legal substances influenced the test results or behavior.

Eyewitness Testimony

• Contradictory Accounts: Using eyewitnesses to dispute the police officer’s account of events.
• Character Witnesses: Presenting character witnesses to speak to the defendant’s behavior and sobriety before the arrest.

Video Evidence

• Dashcam or Bodycam Footage: Examining police dashcam or bodycam footage for inconsistencies or procedural errors.
• Surveillance Footage: Utilizing surveillance footage from nearby businesses or traffic cameras to support the defense.

Questioning the Officer’s Credibility

• History of Misconduct: Investigating the arresting officer’s disciplinary record for any evidence of misconduct or false statements.
• Bias or Error: Contending that the officer may have been biased or mistaken in their observations and conclusions.

Constitutional Defenses

• Miranda Rights: Asserting that the defendant’s Miranda rights were violated if not properly explained during the arrest.
• Illegal Search and Seizure: Challenging any evidence obtained through an illegal search and seizure.

Procedural Errors

• Documentation Errors: Highlighting errors or inconsistencies in police reports or other official documents.
• Chain of Custody: Questioning the chain of custody for evidence to ensure it was properly handled and preserved.

Necessity or Duress

• Emergency Situation: Arguing that the defendant was compelled to drive due to an emergency (e.g., to avoid harm or seek urgent medical attention).

Plea Bargaining

• Reduced Charges: Negotiating with the prosecution to reduce charges to a misdemeanor or seek alternative sentencing options, such as probation or treatment programs. An experienced felony DUI attorney in New York can advise when this is most likely to succeed.

Technical Defenses

• Expert Testimony: Bringing in experts to challenge the validity of the prosecution’s evidence or to provide alternative explanations for the defendant’s behavior or test results.

Frequently Asked Questions About Felony DWI in New York

What Is the Difference Between Felony & Misdemeanor DWI in New York?

A misdemeanor DWI in New York generally refers to a first DWI or DWAI offense without aggravating factors such as prior convictions or serious injury. Felony DWI charges typically arise when a person is accused of drunk driving with a prior DWI or DWAI conviction within the last ten years, or when aggravating circumstances such as causing serious injury, death, or driving with a minor under 16 (under Leandra’s Law) are present. The key differences are in the level of penalties, long-term consequences, and complexity of the court process. Felonies involve higher fines, longer potential incarceration, mandatory license revocation, and a permanent impact on your criminal record, making it critical to have a felony DWI lawyer in New York representing you throughout the process.

Will I Lose My Driver’s License if I’m Convicted of Felony DWI in NYC?

Yes, a conviction for felony DWI in New York City almost always results in mandatory revocation of your driver’s license. The period of revocation varies based on the class of felony and circumstances, but even after that period, you must reapply to the New York Department of Motor Vehicles and meet strict criteria for reinstatement. If the offense involved refusal to submit to chemical testing, or if you have multiple convictions, reinstatement can be denied altogether. Navigating DMV hearings, providing necessary documentation, and fulfilling any ignition interlock device requirements are essential steps that your felony drunk driving attorney in New York can help with to maximize your chances of regaining your driving privileges.

Can I Get a Felony DWI Reduced to a Misdemeanor in New York?

It is possible in some circumstances to get a felony DWI reduced to a misdemeanor charge in New York, particularly if this is your first felony arrest and there are weaknesses in the prosecution's evidence or procedural errors in your arrest. Cohen Forman Barone, PC works to explore every possible opportunity to seek a charge reduction or alternate sentencing, always focusing on protecting your legal rights and future opportunities.