Long Island’s Premier DWI & Criminal Defense Law Firm
Does an Out of State DWI Conviction Make My New York DWI a Felony?
VTL § 1192(8) provides that a prior out-of-state conviction for DWI or DUI will count as a prior conviction for felony purposes, if “had it occurred in this state, [it] would have constituted a misdemeanor or felony violation” of DWI or DUI.
If, however, the out-of-state conduct would only have been considered a DWAI in New York (regardless of the level of offense out-of-state), then such conduct shall only be deemed to be a prior conviction of a violation of [VTL § 1192(1)].
For example, even if you have a “misdemeanor” conviction in another state, but that misdemeanor was a result of a .07 BAC, then that “misdemeanor’ will not count as a misdemeanor for felony upgrade purposes in New York.
If you have a prior out of state DWI conviction in New York, contact Nassau County DWI Lawyer Richard Hochhauser to see if your case is considered a felony or a misdemeanor.
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Garden City, NY 11530
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During what was one of the scariest times of my life, he gave me all of the knowledge and support possible to help me get through it. Not only did I end up getting a...
Mr. Hochausser worked hard on my behalf.. so hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any...
Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important...
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Mr. Hochhauser was incredible. I was consulted immediately after the first call. Richard was easy to keep in touch with and would answer all of my emails, phone calls...
Richard explained the matters of my case thoroughly and was professional and effective in dealing with the charges I was facing, ultimately getting the docket dismissed...
Was in a bad spot but Richard Hochhauser got me great results on my DWI case in Nassau County. Highly Recommend!!!
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