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.