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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
    Defining Felony DUI Charges

    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.

    Call the New York felony DWI defense attorney and former Manhattan Assistant District Attorneys at (212) 312-7129 or contact us online today.

    Client Reviews
    ... I was facing a class B felony and potentially tens of thousands in fines and some legit jail time and after hiring Jeremy Saland he obviously struck enough fear into the prosecutors with his sheer litigation might that it was knocked down to a petty misdemeanor and after a few sheckles and a handful of counseling sessions, I will no longer have a criminal record. The offices of Saland Law are the Shaq and Kobe of criminal defense in New York City and to even consider another firm is outright blasphemy. I stand by this statement 100% Evan
    Let me start by saying how amazing Liz Crotty is! I am a resident of California, who needed representation for my son who received a desk citation while he was visiting NYC. Liz jumped on the case right away; she was very thorough in explaining things to me. She is strictly business too! She went to court on my son's behalf and had his case dismissed. I am forever grateful to her. Seana G.
    Contact Us 212.312.7129

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