Felony DWI
Felony DWI
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Felony DWI Attorney in New York
Being accused of Driving While Intoxicated (DWI) in New York is a serious charge that can alter your life drastically if you are convicted. Although a first time DWI charge is usually a misdemeanor, second and third convictions can quickly escalate the charges and punishments. Felony DWI charges in New York are the most serious types of drunk driving cases and convictions can include lengthy prison sentences, fines and the revocation of your license.
Since the punishments for a felony DWI charges in NY are so severe, it’s important you seek experienced legal representation in Nassau County from a qualified felony DWI attorney. Felony DWI cases can be complicated and having legal counsel and representation is critical for having your charges dropped or reduced.
If you or a loved one is being charged with a felony DUI in New York, do not take it lightly. Contact a knowledgeable felony DWI attorney in Nassau County today to discuss your situation and find out how you can fight your case.
What is a felony DWI in New York?
Most first-time drunk driving offenses in New York result in misdemeanor charges. For example, if you are caught driving with Blood Alcohol Content above the legal limit, .08%, then you can be charged with a DWI offense and if convicted, you can be punished with up to one year in county jail, between $500 and $1,000 in fines, and a revoked license for up to six months.
However, a second and third DWI conviction within a period of ten years warrants an automatic felony charge. Felonies are the highest type of crime in NY and carry more serious punishments. Listed below are some of the penalties for repeat drunk driving convictions in New York:
- Second offense: For a second DWI offense within ten years, you can be charged with a Class E felony that can carry a maximum of four years in prison, fines between $1000 and $5000, up to three years of probation, the revocation of driver’s license for at least a year, and required Victim Impact Panel attendance.
- Third offense: For a third DWI, Aggravated DWI, DWAI Drugs or DWAI Drug Combination offense within ten years, you can be charged with a Class D felony that carries a maximum of seven years in prison, probation, fines between $2,000 and $10,000 and a revoked driver’s license for at least one year.
- Second Aggravated DWI charge: An Aggravated DWI in NY is a more serious charge that refers to when a person is caught driving with BAC levels above .18%. If convicted of a second Aggravated DWI within ten years of your first, you can face a class E felony charge that carries the same penalties as a second offense DWI but with a driver’s license revocation for at least 18 months.
Another penalty for felony DWI convictions in New York is the mandatory installation of an Ignition Interlock Device (IID) in your vehicle. These devices measure your Blood Alcohol Content levels and do not allow you to start your car if you have been drinking.
As you can see, the punishments for felonies are very serious, and a conviction of any type of felony drunk driving charge in New York can have terrible repercussions for you and your family. If you don’t want to risk going to jail, huge fines, and the loss of your license, you should contact a skillful felony DWI attorney in Nassau County. A knowledgeable DWI lawyer in NY can investigate the details of your case and help you fight to have your charges dropped or reduced.
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What is Leandra’s Law?
After an 11 eleven-year-old girl was killed by a drunk driver in 2009, NY instituted Leandra’s Law to deter people from driving drunk with children in the car. Leandra’s Law imposes an automatic felony charge for people caught driving while intoxicated and with a passenger under 16 years old in the car. Listed below are some of the punishments under Leandra’s Law:
- First-time DWI offenders face a class E felony, which can be punished with up to 4 years in jail.
- DWI offenders who injure a child under 16 years old face a Class C felony, which can carry up to 15 years in jail.
- DWI offenders who cause the death of a child under 16 years old face a class B felony, which can carry up to 25 years in State prison.
Felony convictions under Leandra’s Law also require the installation of an Ignition Interlock Device in your vehicle, probation, heavy fines and license revocations. Furthermore, parents or guardians convicted under Leandra’s Law are reported to the Statewide Central Register of Child Abuse and Mistreatment.
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Can my felony DWI charges be dismissed or reduced in New York?
There are several things a good lawyer in New York can do to have your charges dismissed or reduced. The Law Office of Richard Hochhauser has helped many clients in Nassau, New York fight their charges successfully. In our experience, we have found a number of strategies to help beat or reduce your felony DWI charges in NY. Listed below are some of the most common ways DWI/DUI cases are defended in NY:
- Knowing your rights: In many instances in DWI and DWAI cases, arresting officers violate a person’s rights during the arrest. The fourth Amendment, for example, which protects citizens against unlawful search and seizures, is often violated. If you were pulled over without “reasonable suspicion” and giving a breathalyzer without just cause, a knowledgeable DWI attorney can help you have your charges reduced or dismissed.
- Tainted or faulty tests: Another common occurrence is faulty test results. The technology for reading BAC levels in blood tests is still far from perfect. Less common but still possible is the case of tainted blood samples, which is why it’s important to have an attorney who will investigate any mistakes or foul play in your case and build your defense around it.
A qualified felony DWI attorney can also work with the courts to get you a conditional license to be used for work, court, and other important responsibilities. For first time DWI offenses, a lawyer can help you get accepted into a Diversion Program; when completed, your charges will be dropped or reduced to a misdemeanor. Having the experience of a DUI attorney in Nassau County on your team can make a huge difference in determining the results of your case.
Contact us today to fight your DWI charges!
