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  • Local, Focused, Affordable and Personal Representation

(800) 570-1810

Available 24/7 and Obligation Free

Free case analysis

(800) 570-1810

Available 24/7

Free case analysis

(800) 570-1810

Available 24/7

Free case analysis
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Felony DWI

Overview

Charged with Felony DWI?
We are here to help you 24/7

When it comes to Felony DWI – your family, your license, your job, or your financial future are at serious risk. Our Attorneys have the experience to defend you and fight your Felony DWI charge.

Our relationships and understanding of local courts, judges and prosecutors are key to helping our clients get the best possible legal outcomes.

Defending Felony DWI Charges in New York State

Strategies and Considerations

A felony DWI in New York State is a driving while intoxicated (DWI) offense that is charged as a felony because the defendant has one or more prior DWI convictions within the past 10 years. The penalties for a felony DWI conviction can include up to 4 years in prison, a fine of $1,000 to $5,000, and a driver’s license revocation for at least one year. Other possible penalties include probation, community service, and the installation of an ignition interlock device.

A second DWI conviction within 10 years is a Class E felony, while a third or subsequent DWI conviction within 10 years is a Class D felony. The penalties for a Class D felony are more severe, and can include up to 7 years in prison, a fine of $2,000 to $10,000, and a driver’s license revocation for at least 18 months.

There are a number of factors that can affect the penalties for a felony DWI conviction, such as the defendant’s prior criminal record, the circumstances of the offense, and the victim’s injuries, if any. If you have been charged with a felony DWI in New York State, it is important to speak with an experienced criminal defense attorney to discuss your case and your options.

You can be charged with a felony DWI if you
  • Are convicted of a DWI within 10 years of a prior DWI conviction or convictions for an alcohol-related offense (other than DWAI)
  • Are convicted of a DWI while transporting a child under the age of 16
  • Cause an injury or death while driving while intoxicated
Here are some additional things to keep in mind about felony DWI in New York State
  • A felony DWI conviction can have a significant impact on your life, including your employment, housing, and ability to travel.
  • You may be required to attend a DWI treatment program.
  • You may be required to pay restitution to the victim of your crime.
  • You may be required to have an ignition interlock device installed on your vehicle.

Penalties for Felony DWI Charge in New York State

In New York State, a felony DWI charge is a Class E felony and is punishable by
  • Up to 4 years in state prison
  • Up to $5,000 in fines
  • Revocation of driver’s license for at least 1 year
  • 5 years of probation
  • Attendance at a Victim Impact Panel
  • Installation of an ignition interlock device in each automobile you own

If you are convicted of a felony DWI, you will also be required to pay a driver responsibility assessment of $750 ($250 per year for 3 years).

It is important to note that these are just the potential penalties for a felony DWI conviction. The actual penalties you face will depend on the specific facts of your case. If you have been charged with a felony DWI, it is important to speak with an experienced criminal defense attorney to discuss your case and your options.

Here are some additional things to keep in mind about the penalties for felony DWI in New York State
  • The penalties for a felony DWI conviction can be even more severe if you have a prior criminal record.
  • You may also be required to complete community service or attend substance abuse treatment programs.
  • A felony DWI conviction can have a significant impact on your life, including your ability to get a job, rent an apartment, or obtain a loan.
If you have been charged with a felony DWI, it is important to seek legal counsel immediately. An experienced criminal defense attorney can help you understand the charges against you and develop a defense strategy.

Building a Robust Defense Strategy

1
Evaluating the Traffic Stop
The foundation of any Felony DWI defense begins with a thorough examination of the traffic stop. Was there probable cause to initiate the stop? Were the proper procedures followed by law enforcement? Any violations of the defendant’s Fourth Amendment rights can significantly impact the case’s validity.
2
Challenging Sobriety Tests
Felony DWI cases often involve field sobriety tests, which can be subjective and prone to human error. Our experienced attorneys meticulously scrutinize the administration of these tests to identify any inconsistencies or improper procedures that could undermine their reliability.
3
Questioning Chemical Tests
Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in Felony DWI cases. However, these tests are not infallible. Our legal team will investigate whether the testing equipment was properly calibrated, maintained, and operated by certified personnel. If there are discrepancies, the validity of the test results can be called into question.
4
Medical Conditions and Prescription Medications
Some medical conditions and prescription medications can lead to impaired driving without the presence of alcohol or illegal drugs. Our defense strategy explores the possibility of a medical condition or medication affecting the defendant’s ability to operate a vehicle safely.
5
Constructing Alternative Explanations
We work closely with our clients to gather detailed accounts of the events leading up to their Felony DWI charge. By understanding the context and circumstances, we can build alternative explanations for their behavior that may not necessarily point to impairment.
Our legal team is well-versed in the nuanced laws of New York State, including its Felony DWI statutes and sentencing guidelines. Depending on the specifics of the case, we can pursue various legal avenues:
Negotiating Reductions
Through skillful negotiation, we aim to secure reductions in charges or penalties, such as obtaining a plea deal to a lesser offense or pursuing enrollment in a substance abuse education program.
Challenging Evidence in Court
If necessary, we are prepared to take the case to trial. Our experienced litigators will present a strong defense, cross-examine witnesses, and challenge evidence in court to achieve the best possible outcome.
Protecting Driving Privileges
Felony DWI convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Conclusion

Facing a Felony DWI charge in New York State can be a daunting experience, but the DWI Team is dedicated to providing unwavering support and exceptional legal representation. Our extensive knowledge of the legal landscape, combined with our commitment to protecting clients’ rights, empowers us to construct robust defense strategies tailored to each unique case. From dissecting the traffic stop to challenging sobriety tests and negotiating favorable outcomes, we stand as the shield against Felony DWI charges, advocating for the best interests of our clients at every turn.

Contents

1. Strategies and Considerations

2. Penalties for Felony DWI Charge in New York State

3. Building a Robust Defense Strategy

4. Navigating Legal Options

5. Conclusion

Contents

Frequently Asked Questions

A felony DWI in New York is a driving while intoxicated (DWI) offense that is elevated to a felony due to certain aggravating factors, such as having a prior DWI conviction within the past 10 years or driving with a child passenger under the age of 16.

The penalties for a felony DWI in New York vary depending on the severity of the offense. However, they can include:

  • A fine of up to $5,000
  • Up to 4 years in prison
  • A minimum of 1 year of driver’s license revocation
  • Mandatory installation of an ignition interlock device

The aggravating factors that can make a DWI a felony in New York include:

  • Having a prior DWI conviction within the past 10 years
  • Driving with a child passenger under the age of 16
  • Causing an injury or death while driving intoxicated
  • Driving with a BAC of 0.18% or higher
  • Refusing to take a chemical test
The main difference between a felony DWI and a misdemeanor DWI in New York is the severity of the penalties. Felony DWIs carry more severe penalties, such as longer prison sentences and longer driver’s license revocations.
No, a first-time DWI conviction is not a felony in New York. However, if you are convicted of a second or subsequent DWI within 10 years, the offense will be elevated to a felony.

There are a number of defenses that can be raised to a felony DWI charge in New York. Some common defenses include:

  • The police did not have probable cause to stop you
  • The breathalyzer test was not administered properly
  • You were not actually intoxicated
  • You were not driving the car
If you are arrested for a felony DWI in New York, you should immediately contact an experienced criminal defense attorney. An attorney can help you understand the charges against you and protect your rights.
There are a number of resources available to help you if you are convicted of a felony DWI in New York. These resources can help you with things like getting your driver’s license back, finding treatment for alcohol abuse, and finding employment.
The best way to avoid a felony DWI charge in New York is to never drive after drinking alcohol or using drugs. If you do choose to drink, make sure to have a designated driver or use an Uber/Lyft.

The long-term consequences of a felony DWI conviction in New York can be significant. These consequences can include:

  • Losing your driver’s license for a long period of time
  • Having difficulty finding employment
  • Having to pay high fines and court costs
  • Having a criminal record that can make it difficult to do things like rent an apartment or get a loan
If you have any other questions, please contact us at <a href="mailto:info@dwiteam.com" info@dwiteam.com
Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding Felony DWI in New York State.

Proven Team that Provides Results Through Advocacy

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

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