Felony DWI in New York

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.

Under New York Vehicle and Traffic Law section 1192, a person can be charged with a felony DWI in New York under certain circumstances, including:

• They have been convicted of a DWI within the past 10 years: If a person has been convicted of a DWI within the past 10 years, and is subsequently arrested for a new DWI offense, they can be charged with a felony DWI.
• They have been convicted of certain other offenses: If a person has been convicted of certain other alcohol-related offenses within the past 10 years, they can also be charged with a felony DWI if they are subsequently arrested for a new DWI offense. These offenses include Aggravated DWI (section 1192(2-a)), DWAI with a Child in the Vehicle (section 1192(2-a)), and Vehicular Assault (section 120.03 of New York Penal Law).
• They are driving under the influence with a child in the vehicle: If a person is driving under the influence of alcohol or drugs with a child who is 15 years of age or younger in the vehicle, they can be charged with a felony DWI under section 1192(2-a)(b).
• They cause serious injury or death while driving under the influence: If a person causes serious injury or death to another person while driving under the influence of alcohol or drugs, they can be charged with a felony DWI under VTL section 1192(3) or VTL section 1192(4), respectively.

If you have questions about aggravating factors in a New DWI case, contact a skilled New York DWI lawyer.

In 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.

In 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).

A 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.