Breathalyzer Refusal
New York Felony DWI Lawyer
Defending New York Motorists From Felony DWI Charges
In New York State if you receive a DWI conviction and have been charged with a previous alcohol conviction within the last decade, you could face a felony DWI charge. Experienced New York felony DWI lawyer Carl Spector has spent more than 30 years defending New York residents and motorists from felony DWI charges. Felony DWI is a serious crime. If convicted, you can face jail time, loss of your driving rights, and expensive fines. If you have been charged with a felony DWI, contact New York felony DWI lawyer Carl Spector for dedicated representation. He offers free confidential consultations and will fight to ensure you receive the best possible outcome for your case.
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).
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.
What will happen if I have multiple DWIs?
In the state of New York if someone has a DWI conviction and then has another arrest for DWI, both of which are misdemeanors within ten years the second one can be elevated to a felony by the prosecutor. This is not an automatic consequence, but it is within the discretion of the prosecutor to treat the second DWI arrest as a felony. As a felony, DWIs are considerably more serious, the consequences are more over-reaching, including the possibility of having to go to state prison for 1-4 years.
Over 30 Years of Experience Defending Drivers Against Felony DWI Charges in New York
For top tier legal representation against a felony DWI charge in New York, contact experienced New York felony DWI lawyer Carl Spector for a free, confidential consultation. Attorney Spector utilizes his knowledge and 30+ years of experience to build a strong legal defense. He offers a free no obligation consultation to all DWI clients in New York and will answer any questions you may have. Contact him today and let him help defend your freedom.