Felony DWI in New York

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Felony DWI

A first time DWI in New York is charged as a misdemeanor in most ofenses. Subsequent DWI's or in some cases even a first time DWI may result in felony charges. A felony DWI conviction will obviously have a much greater impact on the penalties one is responsible for as well as an individual's criminal record.

A few of the situations which may result in felony DWI are:

  • A second DWI conviction within a 5 - 10 year period will likely result in a Class E felony charge with fines up to $5000 and up to 5 years probation. This is the most common reason for a felony DWI charge in New York. It is important to note that this is for those with a previous DWI conviction- not a DUI conviction. Any subsequent DWI charges will also result in felony charges with the penalties escalating accordingly.

  • Violation of Leandra's Law (New York Child Passenger Protection Act) results in an automatic class E felony charge even if is the drivers first offense. This law comes into play when an individual charged with DWI has a child under the age of 16 in the vehicle at the time of arrest.

  • If the driver has been convicted of first degree vehicular manslaughter or vehicular assault in the past 10 years a DWI the charge may be elevated to a felony.

  • The other circumstance in which a DWI charge can lead to a felony is if the driver is guilty of other criminal charges in concert with a DWI charge. As an example, a drunk driver may be charged with vehicular homicide which is a felony, while the DWI if qualified may be charged as a misdemeanor.

These are the main ways in which a New York resident may be charged with a Felony DWI. A felony charge has long term consequences beyond the actual penalties. A conviction can impact a number of your civil rights, including owning a firearm, serving on a jury,and serving in the military.It can also have a negative effect on employment and the ability to obtain certain licenses or security clearances.