Dealing with a Felony DWI
Having you been pulled over for multiple DWIs and now are facing felony DWI charges? Dealing with a felony DWI is going to be a difficult task. A NYC criminal defense attorney can help you minimize the penalties. Here is what you need to know.
Dealing with a Felony DWI | Obtaining Felony DWI Charges
- When the defendant has a previous DWI conviction within the past 10 years. While there are other circumstances that can lead to felony charges involving a DWI, this is the most common.
- Where the DWI itself is a misdemeanor but the driver is charged with some other felony, like vehicular manslaughter if someone is killed.
- It is now a class “E” felony to drive while intoxicated with a child 15 years of age or younger in the car (Leandra’s Law). In addition, if the defendant is the parent, legal guardian, or custodian of the child in the vehicle, the police MUST file a report with Child Protective Services (CPS).
Dealing with a Felony DWI | Second DWI Conviction Penalties
- If the second DWI conviction is within ten years of the first, your case may be enhanced and prosecuted as a felony in Supreme Court. You would then be facing enhanced penalties of a maximum of four years in prison.
- If the second DWI is within five years of the first, you may be sentenced to five days of mandatory jail or 30 days’ community service.
- Your driver’s license will be revoked for a minimum of one year.
- You will be required to install and maintain an ignition interlock device at your expense.
- Be ordered to pay fines ranging from $1,000 to $5,000.
If you have a DWI in the state of New York and you had a prior DWI conviction in the state of New York in the past 10 years, the prosecutor may enhance your case to a felony. In such a situation, it will be presented to the grand jury. While you have the right to testify in the grand jury, in many instances individuals choose not to. You will be prosecuted in the Supreme Court on a felony. There are enhanced penalties for felonies in the State of New York for DWIs. Those cases are incredibly grave. There is potential for state jail time, long terms of probation and long terms of having to install an ignition interlock device.
Do you need help dealing with a felony DWI? Experienced NYC criminal defense attorney Carl Spector can fight for you. Call our office today for a free consultation.