Can a DWI in New York be a felony charge?

Yes, in New York DWI arrests can result in felony charges if the arrest is your second or third DWI arrest after a DWI conviction within the past ten years. New York State has tough DWI laws and prosecutes those cases vigorously.

• You will be charged with Aggravated Driving While Impaired (A-DWI) if your blood alcohol content is .18 or higher, and a second or third A-DWI within ten years will also be a felony.

Your first DWI could also result in related felony charges if you cause an accident and someone is seriously injured or killed.

If you are charged with felony DWI or felony A-DWI the penalties if convicted include:

• Mandatory fine of $1,000 - $5,000 for a second conviction
• Mandatory fine of $2,000 - $10,000 for a third conviction
• Mandatory drivers license revocation of at least 18 months
• Up to 4 years in prison for a second conviction
• Up to 7 years in prison for a third conviction

In New York it can also be a felony if you are charged two or three times within ten years of Driving While Ability Impaired with Drugs or Driving While Ability Impaired by a Combination of Drugs and Alcohol. The penalties are similar to those above for second and third convictions as far as potential prison time, although the mandatory license revocation periods are different:

• For a second or third DWAI - Drugs your license is revoked for at least one year.
• For a second or third DWAI - Combination your license is revoked for at least one year or eighteen months.

Defending a Felony DWI

If you are arrested and have a previous DWI conviction within the last ten years, contact a New York DWI defense attorney as soon as you are able to. You must waste no time hiring someone to defend you against these felony charges, because you have too much to lose if you are convicted again.