New York Felony DUI Lawyer
In New York, some DUI charges are classified as misdemeanors and others are considered felonies. Felony DUI is an extremely serious charge which can result in significant fees and prison time. Anyone convicted will lose your license and face restrictions once they get it back.
VTL 1192.2-a(b) - Leandra's Law - Child 15 or Under in Vehicle "Bump" Up DWI Felony - Prior DWI Last 10 Years
Anyone who has been charged with felony DUI should contact a New York felony DUI lawyer to assess their situation and determine what legal defenses may apply. An experienced DUI attorney can help build a strong defense on your behalf.Drunk Driving Categories
New York has several categories of DUI / DWAI / DWI charges. Except for cases involving drug impaired drivers with children in the car, all are generally treated as misdemeanors on the first offense:
- DWAI/Alcohol: This includes blood alcohol content (BAC) levels of .05-.07 (.02 if under 21) or other evidence of impairment
- DWI/Alcohol: This includes BAC levels of .08 or higher
- DWAI/Drug: This includes impairment due to a single drug
- DWAI/Combination: This includes impairment due to a combination of alcohol and drugs or a combination of drugs
- Aggravated DWI: This includes a BAC level of .18 or higher
There are generally two instances when a DUI offense is charged as a felony, when children are involved or someone has a record of multiple offenses. Anyone facing these charges should contact a New York felony DUI lawyer to begin building their defense.Children in the Car of a Drug Impaired Driver
Under Leandra’s Law, New York imposes extremely severe penalties on drug impaired drivers with passengers under the age of 16 in the car. A drug related DWI with a passenger under 16 in the car, including a first offense, is a Class E felony. If the passenger under 16 is injured or killed, the charge increases to class C or B felony.
The maximum possible penalty in a Leandra’s law case is up to four years in prison without any injury other any other aggravating factors. Depending on what transpires such as an accident or death, the maximum can go as high as 25 years. Fines can range in the thousands of dollars and if the driver is the parent of the minor in the car, the case will be reported to the statewide registry of child abuse and maltreatment.Subsequent Offenses
Anyone who already has a DUI conviction within 10 years of the first offense or with a BAC over .07, will have their case treated as a Class E felony. This is often referred to as the DWI “Bump Up” crime. Depending on the specific facts and circumstances, they may receive up to four years in prison, up to $10,000 in fines, and suspension of their license for up to 18 months.
Felony offenses cannot be expunged (erased) from a criminal record and may have to be reported on applications for employment, housing, loans, and more. It is important to deal with felony charges seriously as the consequences can be significant and long lasting.Hiring a Lawyer
If you have been charged with an impaired driving felony offense, contact a New York Felony DUI lawyer who can work with you to try to get the charge dismissed or mitigated. Penalties for felony DUIs are simply too severe to take a chance with self-representation. Turn to an experienced New York felony DUI lawyer.
- New York DWI / DUI / DWAI Information Page