WARNING! You Might Spend Time in Jail for a DWI Conviction
1.) Second DWI in Ten Years
If you have a DWI in the State of New York and you had a prior DWI conviction in the State of New York within ten years, the prosecutor has the opportunity to enhance your case to a felony. If they enhance your case to a felony, then 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 very, very serious. There’s potential of state jail time, long terms of probation, and long terms of having to install an ignition interlock device. I do suggest you speak with an attorney who’s handled many of those cases, and I have.
- The prosecutor may increase your DWI charge to a felony case.
- Your case will be taken to the grand jury where you have an option to testify.
- DWI felony cases carry enhanced fines and even jail time.
2.) Aggravated DWI
In New York State, there is a distinction for a DWI that’s called an aggravated DWI. It’s when someone has a blood alcohol content of .18 or more. An aggravated DWI is a misdemeanor and not a felony. However, an aggravated DWI has enhanced penalties, longer suspensions, and higher fines, and they must be handled by an experienced and confident criminal defense attorney.
- You can be charged with aggravated DWI if you BAC is above .18 or more.
- An aggravated DWI is a Misdemeanor charge.
- You will be subject to higher fines, and an extended license suspense if you are charged with an aggravated DWI.
3.) Leandra’s Law (Kids in the Car)
In the State of New, if you’re charged with a DWI or DUI and there’s a child under the age of 15 in the car, you’ll be charged under Leandra’s Law. Leandra’s Law requires that you be charged with a felony. You have all the other defenses that would be in any other DWI case, and of course, it will be critical what your blood alcohol content was. On the outset, you should be aware that having a child in the car will enhance the potential penalties for your case.
- You can be charged under Leandra’s Law if you have a child under the age of 15 in your car and are arrested for DWI.
- You will be charged with a felony and may have to pay increased penalties.
Have you or a loved one been arrested for a DWI in NYC and afraid you might spend time in jail? Let our dedicated Criminal Attorney fight for you and keep you from seeing time spent behind bars.