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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.
In New York State, a Felony Aggravated DWI (Driving While Intoxicated) charge is a serious criminal offense related to driving under the influence of alcohol or drugs. It is considered more severe than a standard DWI charge and carries more significant penalties. Felony Aggravated DWI charges typically apply when certain aggravating factors are present, which demonstrate a higher level of impairment or a history of prior offenses.
Vehicular Assault in the First Degree is a serious criminal charge in New York State (NYS) that is distinct from common vehicular assault offenses. This specific charge is related to cases where a person is accused of causing serious physical injury to another individual while operating a motor vehicle and being under the influence of alcohol or drugs. It falls under the broader category of vehicular crimes, which encompass offenses involving vehicles, and is considered a more severe offense due to the significant harm caused.
Vehicular Assault in the Second Degree is a significant criminal charge in New York State (NYS) that relates to accidents involving motor vehicles resulting in injuries to individuals. This offense falls under the broader category of vehicular crimes and is considered a less severe charge than Vehicular Assault in the First Degree. The key distinction between the two lies in the extent of injury and the presence of certain aggravating factors. Vehicular Assault in the Second Degree typically involves causing serious physical injury while operating a vehicle recklessly or while under the influence of alcohol or drugs.
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If you or a loved one has been charged with a DWI or any other driving offense, contact the DWI TEAM. We will carefully examine the specifics of your case, and if we do not feel we can help you, we will not take any money.
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DWI laws apply universally to all courthouses in New York. However, every courthouse has its own culture and expectations about how a DWI case should be prosecuted and punished.
The local attorneys for the DWI TEAM have worked in courts throughout the counties in New York and have intricate knowledge of the culture, rules, and procedures prevalent in each courthouse. They know how to pitch their case and tailor a defense accordingly.
The attorneys that represent the DWI TEAM have also fostered and developed a professional relationship with the judges, court staff, and prosecutors of each courthouse.
With a FREE consultation and our Best Price Promise – we are your unbeatable choice. We offer payment plans as low as $500 down and work closely with our clients to ensure you can afford quality representation. If we don’t believe we can help, we won’t take any money.
The attorneys with the DWI TEAM understand the stress involved in facing criminal charges. They particularly understand the complexities and complications of fighting a DWI case. For that reason, our attorneys are accessible to clients, answering their calls directly and promptly. Our staff provides moral and emotional support to clients at every stage of a DWI proceeding – from the inception of the case to post-conviction progress reports.
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A felony DWI is a more severe form of a DWI (Driving While Intoxicated) charge that typically involves aggravating factors. In New York, a DWI becomes a felony under certain conditions, such as:
Multiple Offenses: A second DWI conviction within 10 years is usually classified as a Class E felony. Subsequent convictions may result in more serious felony charges.
Leandra’s Law: Driving intoxicated with a child under 16 in the vehicle automatically elevates the charge to a felony, regardless of whether it’s a first offense.
Causing Injury or Death: If a DWI results in serious injury or death, it may be classified as a felony, leading to much harsher penalties.
Felony DWI convictions come with more severe consequences, including longer prison sentences, higher fines, extended license suspension or revocation, and a permanent criminal record. Penalties also increase for repeat offenses and may include mandatory ignition interlock device installation.
A DWI becomes a felony when certain aggravating factors are present. In New York, a DWI is typically classified as a felony if:
It’s a second DWI conviction within 10 years.
There was a child passenger under 16 in the vehicle at the time of the offense (known as Leandra’s Law).
The DWI caused serious injury or death.
The driver has prior felony DWI convictions.
Felony DWI charges carry much harsher penalties, including higher fines, longer jail time, and extended license suspension or revocation.
A persistent felony DWI occurs when a driver has three or more DWI convictions within 10 years. In New York, this is a Class D felony, punishable by up to 7 years in prison, higher fines, and possible permanent license revocation. This designation reflects a pattern of repeated offenses and results in severe legal consequences.
A felony DWI conviction stays on your record permanently. In New York, it cannot be expunged or removed, and it will appear on background checks for the rest of your life. This can impact employment opportunities, insurance rates, and other aspects of daily life.
In New York, a DWI can be classified as either a Class E felony or a Class D felony, depending on the circumstances:
Class E Felony: Typically applies to a second DWI conviction within 10 years.
Class D Felony: Applies to a third or subsequent DWI conviction within 10 years, or if the DWI involved serious aggravating factors like causing injury or death.
Each felony class comes with severe penalties, including longer prison terms and higher fines.
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