Driving while intoxicated (DWI) in New York is defined as doing so while having a blood alcohol content (BAC) of.08% or higher or when under the influence of (impaired by) drugs or alcohol. A lot of times, driving while intoxicated will result in an infraction or a misdemeanor. However, a DWI can be a felony offense if certain aggravating factors are present. In this article, Eastcoastlaws.com will outline some circumstances that can result in felony DWI charges in New York.
Second DWI Conviction Is A Felony
In New York, a second conviction for Driving While Intoxicated (DWI) is considered a serious criminal offense (felony). If an individual is convicted of a second DWI within 10 years of their first conviction, it is classified as a Class E Felony. This is a significant step up from a first-time DWI conviction, which is considered a misdemeanor.
The consequences of a second DWI conviction in New York can be severe and long-lasting. An individual may face up to 4 years in prison, a fine of up to $5,000, and license revocation for at least 1 year. In addition to these legal penalties, a felony conviction can have a lasting impact on an individual’s life, affecting their ability to find employment, secure housing, and even vote.
It’s important to understand the seriousness of a second DWI conviction and the consequences that can result. If you are facing a DWI charge, it’s recommended that you consult with an experienced criminal defense attorney to ensure that your rights are protected and to explore all potential defenses in your case. Taking a proactive approach to your DWI defense can help mitigate the consequences of a conviction and help you move forward from the charges with your life and reputation intact.
School Bus And Commercial Drivers
A class E felony charge awaits a school bus driver who is discovered driving while intoxicated while carrying at least one student passenger. Operating some commercial vehicles while intoxicated is likewise a class E felony. An average sentence for a class E felony is one to four years in jail, as well as a fine of up to $5,000.
Minors In The Vehicle
A class E felony is a DWI with a minor passenger who is under the age of 15. Drivers who are convicted face a maximum fine of $5,000 and a jail sentence of one to four years.
Felony Charges For DWI Involving Injuries And Deaths
Driving under the influence while inflicting significant injury on another person is referred to as “vehicular assault.” In general, vehicle assault is a class E felony punishable by up to $5,000 in fines and one to four years in jail.
Vehicular manslaughter, which is typically tried against DWI offenders who end up murdering someone, is typically a class D felony. Class D felonies are punishable by up to $5,000 in fines and seven years in jail.
How Long Does A Felony DWI Stay On Your Record In NY?
In New York, a DWI (Driving While Intoxicated) conviction will remain on an individual’s criminal record indefinitely. There is no statute of limitations for DWI offenses in New York, meaning that the conviction will remain on an individual’s record for the rest of their life unless they are able to have it expunged through a rare legal process.
It’s important to understand that a DWI conviction can have a lasting impact on an individual’s life, affecting their ability to find employment, secure housing, and even vote. For this reason, it’s important to take DWI charges seriously and to work with an experienced criminal defense attorney to ensure that your rights are protected and to explore all potential defenses in your case.
If you are facing a DWI charge in New York, it’s recommended that you take immediate action to protect your rights and your future. A criminal defense attorney can help you navigate the complex legal process and negotiate a favorable outcome in your case.
Can A DWI Be Dismissed In NY?
Yes, a DWI (Driving While Intoxicated) charge can be dismissed in New York, though it depends on the specific circumstances of the case. There are several potential defenses that can be used to challenge a DWI charge, including:
- Lack of probable cause for the stop or arrest
- Improper administration of field sobriety tests or breathalyzer tests
- Inaccurate results from breathalyzer tests
- Challenges to the legality of the traffic stop
- Medical conditions or other factors that may affect test results
If the prosecution is unable to prove beyond a reasonable doubt that the individual was driving while under the influence of drugs or alcohol, the charges may be dismissed. However, it’s important to understand that the specific facts of each case will impact the likelihood of dismissal, and there is no guarantee that a DWI charge will be dismissed in every case.
If you are facing a DWI charge in New York, it’s recommended that you consult with an experienced criminal defense attorney to ensure that your rights are protected and to explore all potential defenses in your case. An attorney can help you navigate the complex legal process and negotiate a favorable outcome in your case.