When Does a DWI Become a Felony in New York?

At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys have handled thousands of DWI-related cases and hundreds of hearings at the New York State Department of Motor Vehicles (DMV), local courts, and felony courts. We understand the complexities that each alcohol- or drug-related case entails, making few New York attorneys as successful as ours when defending our clients against these serious charges.

Our Albany County DWI defense attorneys know while a first drunk driving charge is usually considered a misdemeanor, this can quickly escalate into felony charges upon second and third convictions.

Here is what New York drivers need to know.

When Does New York Law Mandate Felony Charges for DWI?

New York law mandates that a simple DWI escalate to a felony charge if the accused has prior related convictions within the last ten years.

A second DWI conviction within ten years of the first will be considered a class E felony, subject to:

• Fines of between $1,000 and $5,000.
• Up to four years in jail or 30 days of community service.
• A minimum of one year of driver’s license revocation.
• Installation of an ignition interlock device.

If a third DWI is committed within five years, it will be considered a class D felony with the possibility of:

• Fines of between $2,000 to $10,000.
• Up to seven years in jail or 60 days of community service.
• A minimum of one year of driver’s license revocation with a possibility of permanent revocation.
• Installation of an ignition interlock device.

In addition, drivers can get charged with a felony DWI when arrested while:

• Driving drunk and causing severe physical injury or death of another person other than the driver.
• Driving drunk while having a passenger in the motor vehicle who is a child 15 years of age or younger.

If caught driving with a BAC of .18 or higher in New York, you can be charged with an aggravated DWI.

A first-time aggravated DWI in New York is still a misdemeanor, but your license can be revoked for a minimum of one year. Second and third offenses will be considered felonies, and your license can be revoked for at least 18 months. A third offense committed within ten years of the others will put you at risk of losing your license permanently.

Contact Our Criminal Defense Attorney Today

If you are facing DWI charges in New York, contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to schedule your initial appointment. We have a strong track record of producing real results for our clients and can help you understand the best defense strategy available for your unique DWI circumstances.