When Is a DWI a Felony in New York?

Experienced DWI Defense for Long Island Drivers

Have you or someone close to you been charged with a felony in relation to drunk driving? Understanding your rights and obtaining the informed counsel you need is important at this time. A Long Island DWI attorney at The Law Offices of Scott Gross, P.C. is here to help you. We have been serving New York residents for years. As a former prosecutor, our Long Island criminal defense lawyer is uniquely equipped to defend you during this time.

DWI Felony Charges & Penalties in New York

In the state of New York, driving while intoxicated ( DWI) is a very heavily penalized crime. A driver may be charged with DWI if he or she is found operating a motor vehicle with a 0.08 percent blood alcohol concentration (BAC) or higher. If the driver is under 21 years of age, he or she may face criminal charges for driving with a 0.02 percent BAC or any detectable alcohol level.

There are situations, however, when a DWI may be charged as a felony. If this is your second DWI within a span of 10 years, the charge will be raised to a Class E Felony. Felonies carry considerable additional penalties and consequences in the state of New York. You may be restricted from serving on a jury, voting, or owning a firearm if convicted of a felony DWI. You may also face an extended prison sentence.

Other potential consequences connected with a felony DWI include:

  • Minimum 1 year license revocation
  • Up to 4 years in jail
  • Annual $250 driver assessment fine, per year for 3 years
  • Fines between $1,000 and $5,000
  • Potential mandatory enrollment in the New York Drinking Driver Program (DDP)

Schedule a complimentary consultation right away to learn more. Call The Law Offices of Scott Gross, P.C. today.