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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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