New York Felony DWI
The lesson prosecutors and judges send to those convicted of drunk driving in New York is clear. If you are convicted of any DWI or DUI crime in New York - from Aggravated DWI to Refusal DWI - and you are arrested again within ten years of that conviction, you will face a felony DWI crime. Make no mistake. Whether you were just a "hair" over the legal limit of .08 and there was no accident at all, prosecutors can hang a felony around your neck. This prior conviction must be for a DWI crime (misdemeanor or felony) and not merely a Driving While Ability Impaired (DWAI) infraction of VTL 1192.1. Should you be charged in New York City or anywhere else in the State of New York, it is critical to consult with an experienced DWI lawyer as your conduct that would normally only be a misdemeanor is now an "E" felony.
The potential penalties for a felony DWI conviction are extremely serious and can include:
- Up to four years in state prison as opposed to one year in jail for a misdemeanor
- A fine no less than $1,000 and up to $5,000
- Five years probation
- A one year or more license revocation
- Attendance at a Victim Impact Panel
- $520 surcharge and a three year DMV assessment totaling $750
- Installation of an ignition interlock device at your own expense
In the event that this conviction is your third DWI conviction (including two prior) in your last ten years, the penalties are greatly enhanced. In fact, the crime becomes a "D" felony punishably by up to seven years in state prison and includes fines from $2,000 to $10,000 and a license revocation of at least eighteen months.
It is important to note that you may or may not be eligible for a conditional license if you are convicted for a felony DWI crime.
Call the New York felony DWI defense lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.