In New York, driving while intoxicated (DWI), is not only a violation of New York Vehicle and Traffic Law, it is also considered a crime. Because it is a crime, the consequences can include imprisonment. In New York, driving while intoxicated (DWI) can be either a misdemeanor or a felony, depending on the circumstances of the case. A first-time DWI offense without aggravating factors is generally considered a misdemeanor. However, if the offense involves certain aggravating factors, such as a high blood alcohol concentration (BAC), prior DWI convictions, or the presence of a child in the vehicle, it may be charged as a felony. Additionally, a DWI can be charged as a felony if it results in serious injury or death to another person. If you are facing a felony DWI charge, immediately contact an experienced New York DWI lawyer. If convicted, you may face several years in prison and the loss of your driving privileges. It’s critical to have experienced legal representation. Contact Stephen Bilkis & Associates. With over 20 years of experienced representing clients charged with felonies, we are here to help.
Felony DWI OffensesUnder New York Vehicle and Traffic Law section 1192, a person can be charged with a felony DWI in New York under certain circumstances, including:
If you have questions about aggravating factors in a New DWI case, contact a skilled New York DWI lawyer.
Penalties for Felony DWIIn New York, the penalties for felony DWI vary depending on the severity of the offense and the offender's prior criminal history. Generally, felony DWI is punishable by a fine, probation, and/or imprisonment.
For a first-time felony DWI offender, the sentence can range from probation with conditions, such as participation in a substance abuse program, to up to 4 years in prison. The offender may also face a fine of up to $5,000, a license revocation of at least one year, and the installation of an ignition interlock device on their vehicle.
For a second-time felony DWI offender, the sentence can range from probation with conditions to up to 7 years in prison. The offender may also face a fine of up to $10,000, a license revocation of at least 18 months, and the installation of an ignition interlock device on their vehicle.
For a third-time felony DWI offender, the sentence can range from probation with conditions to up to 15 years in prison. The offender may also face a fine of up to $10,000, a license revocation of at least 18 months, and the installation of an ignition interlock device on their vehicle.
For more information about the possible sentence in your case, contact an experienced DWI attorney in New York.
Example New York Felony DWI CaseIn People v. Conner, 177 A.D.3d 1303 (3d Dept. 2019), the defendant was charged with felony DWI under Vehicle and Traffic Law § 1192(2-a)(b) after being stopped by police for driving erratically with a child in the car. The police officer who stopped her observed that the defendant had bloodshot and watery eyes, slurred speech, and an odor of alcohol on her breath. The defendant admitted to having consumed alcohol and failed several field sobriety tests.
A chemical breath test later showed that the defendant had a blood alcohol content (BAC) of 0.23%, which is well above the legal limit of 0.08%. Because there was a child under the age of 16 in the car at the time of the incident, the charge was elevated to a felony under § 1192(2-a)(b).
Contact Stephen Bilkis & AssociatesA felony DWI conviction can mean not only years in prison, it can also mean significant fines, and revocation of driving license. To fight felony DWI charges, it’s critical to have a skilled DWI attorney serving New York on your team. Contact Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, Westchester County, and Suffolk County.