A Driving While Intoxicated (DWI) charge is a serious offense in New York, but when the charges escalate to a felony, the consequences become even more severe. Felony DWI convictions carry harsher penalties, including significant fines, lengthy license suspensions, mandatory installation of ignition interlock devices, and even prison time. At Tilem Law Firm, we understand the high stakes of a felony DWI charge and are committed to providing aggressive and strategic defense representation.
When Does a DWI Become a Felony in New York?
In New York, a DWI is generally considered a misdemeanor for a first-time offender. However, several circumstances can elevate the charge to a felony, including:
- Multiple DWI Convictions – If you have been convicted of a DWI or related offense within the past ten years, subsequent offenses may be charged as felonies:
- Second DWI Offense (Class E Felony) – If convicted within ten years of a prior DWI, the penalties increase significantly.
- Third or Subsequent DWI Offense (Class D Felony) – Multiple convictions within ten years can result in even more severe consequences.
- Aggravated DWI (A-DWI) with Prior Convictions – A charge of Aggravated DWI (BAC of 0.18% or higher) that follows a previous DWI conviction may be classified as a felony.
- DWI with a Child Passenger (Leandra’s Law Violation) – If you are arrested for DWI with a child under 16 in the vehicle, you may face felony charges under Leandra’s Law, even for a first-time offense.
- DWI Resulting in Injury or Death – A DWI that leads to serious physical injury or fatality may result in vehicular assault, vehicular manslaughter, or even homicide charges, all of which carry felony-level penalties.
Penalties for Felony DWI in New York
The penalties for a felony DWI conviction depend on the severity of the offense and prior convictions:
- Second Felony DWI Conviction (Class E Felony)
- Fines ranging from $1,000 to $5,000
- License revocation for at least one year
- Possible jail sentence of up to 4 years
- Mandatory ignition interlock device installation
- Probation and mandatory alcohol education/treatment programs
- Third or Subsequent Felony DWI Conviction (Class D Felony)
- Fines ranging from $2,000 to $10,000
- License revocation for at least 18 months
- Potential prison sentence of up to 7 years
- Mandatory ignition interlock device installation
- Probation, community service, and alcohol treatment programs
- Leandra’s Law Violations (Class E Felony)
- Automatic felony charge for first-time offenders
- Up to 4 years in prison
- License suspension for at least 1 year
- Child endangerment charges may apply
Defending Against Felony DWI Charges
Being charged with a felony DWI does not mean an automatic conviction. At Tilem Law Firm, our experienced attorneys will explore all possible defenses to fight your charges, including:
- Challenging the Traffic Stop – If law enforcement lacked probable cause to pull you over, the case may be dismissed.
- Breathalyzer & Blood Test Issues – We investigate whether testing equipment was properly calibrated and administered.
- Field Sobriety Test Inaccuracies – Officers must follow strict guidelines when conducting field sobriety tests; any deviation could invalidate the results.
- Violation of Rights – If your rights were violated during the arrest, such as improper Miranda warnings, we can seek to have evidence suppressed.
- Plea Bargains & Alternative Sentencing – In some cases, we can negotiate for reduced charges, rehabilitation programs, or alternative sentencing options.
Why Choose Tilem & Associates for Your Felony DWI Defense?
Felony DWI charges require immediate and strategic legal representation. At Tilem & Associates, we have decades of experience successfully defending clients against serious DWI charges. Our team understands the complexities of New York’s DWI laws and works tirelessly to protect your rights, minimize penalties, and secure the best possible outcome for your case.
Take Action Now – Your Future Is at Stake
A felony DWI conviction can have life-altering consequences, affecting your freedom, driving privileges, employment opportunities, and reputation. If you or a loved one is facing felony DWI charges, don’t wait—contact Tilem & Associates today for a free consultation. We will review your case, discuss your legal options, and build a strong defense to fight for your future.