Troy, Latham & Saratoga Offices

Troy

Call(518) 274-5820

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28 Second Street
Troy, NY

Latham

Call(518) 783-3843

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7 Airport Park Boulevard
Latham, NY

Saratoga

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Saratoga Springs, NY

DWI Felony Charges Lawyer

Jail CellFelony DWI is the most serious of charges related to driving while impaired.

With a Felony DWI in New York State, you are facing much more than loss of driving privileges, fines, and/or a short jail term. A DWI felony conviction in NY can bring heftier fines, time in state prison, and license revocation.

‘Class E’ DWI Felony Conviction

DWI becomes Felony DWI when there are prior DWI charges or conviction. If you have not been charged or convicted of DWI, DWAI Drugs, Vehicular Manslaughter or Vehicular Assault in the 1st or 2nd degree, you are likely facing DWI Aggravated DWI, DWAI / Alcohol, DWAI / Drug, or DWAI Combination.

Felony DWI is extremely serious in New York State.  NY is one of the most aggressive states when it comes to driving while intoxicated or impaired, as reflected by the potential fines, prison time and license suspension guidelines.

Live Out of State? Charged with a DWI / DUI while traveling outside NY?

Many wonder whether a DUI, DWI or DWAI from another state could count as a prior offense in New York State.

The simple answer is, yes.

Prior out-of-state convictions can be used as a predicate for a felony DWI charge in New York. So, if you are charged with a DWI, you can be charged with a Class E felony if you have previous DWI / DWAI / DUI charges or convictions, even if in another state.

If in the past 10 years you have been convicted of DWI, DWAI Drugs, or Vehicular Manslaughter in the 1st or 2nd degree, Vehicular Assault in the 1st or 2nd degree, you can be charged with a DWI Felony.

‘Class E’ DWI Felony Conviction Penalties in NY State:

  • Your license will be revoked for at least 1 year and evidence of evaluation or rehabilitation will be required before DMV will issue a new driver’s license,
  • Probation of 5 years,
  • Surcharge of $295,
  • Up to $5,000 in fines,
  • Up to 4 years in State Prison,
  • Required attendance for a Victim Impact Panel,
  • Driver responsibility assessment of $750 ($250 a year for 3 years),
  • Ignition interlock device must be installed in each automobile you own.

If in the past 5 years you have been convicted of DWI, DWAI Drugs, Vehicular Manslaughter in the 1st or 2nd degree, Vehicular Assault in the 1st or 2nd degree, you are subject to additional penalties.

If it has been more than 5 years since previous DWI or DWAI Drugs conviction, you may be eligible for a conditional license and the “Drinking Driver Program.”  However, if you are on felony DWI probation the Court may prohibit you from driving during the entire probationary period.

If you have been charged or convicted of a DWI, DWAI, Vehicular Assault or Manslaughter in the 1st or 2nd degree twice in the past 10 years (or any combination of the above), you may face a Class D felony.

‘Class D’ DWI Felony Conviction Penalties in NY State:

  • Up to $10,000 in fines,
  • Up to 7 years in state prison,
  • 5 years of probation,
  • Revocation of driver’s license for up to 18 months,
  • Evidence of rehabilitation required by DMV to apply for re-licensing,
  • Court can revoke your license for at least a year if you are on probation,
  • $295 surcharge,
  • $250 driver responsibility assessment for 3 years,
  • Required attendance at a Victim Impact Panel,
  • Ignition interlock device must be installed in each automobile you own.

As you can see, DWI defense law is very complex.  The more experienced your attorney is in defending DWI cases, the better the outcome is likely to be. Of course, previous outcomes do not guarantee future results as every individual and case is unique. However, the more confidence you have in your attorney, the less stressful the process will be.

A DWI Defense Attorney Can Be Affordable

Our criminal defense attorneys are well-versed in every aspect of DWI law, from the administration of field sobriety tests, to arrest, and on to plea-bargaining, trial and sentencing.

Don’t rush into choosing a DWI or DWAI attorney based on advertising.  Take your time to find the attorney that is the right fit for you. Talk with friends and family and do the research.  Your future depends on hiring the right attorney for you.

The DWI defense team at E. Stewart Jones Hacker Murphy Law offers compassionate, respectful and affordable legal representation. In fact, our firm has been successfully representing clients in criminal defense matters since 1898.

Contact us today for a confidential and free, no obligation case analysis.

Call (518) 274-5820. We will answer the phone and connect you directly to an attorney within moments, 24 hours a day, 7 days a week, 365 days a year, even on holidays.  We are here to help you.