NY Felony DWI Attorney

A third DWI arrest within ten years in New York is treated as a felony under state law. This means the case is prosecuted in County Court (or Supreme Court in New York City), rather than local city or town court. Felony-level charges can lead to prison time, and reflect New York’s strict approach to repeat DWI offenses.

In such cases, prosecutors typically seek state prison sentences, permanent or extended license revocation, and higher fines. Courts consider blood alcohol concentration, driving conduct, accident involvement, and criminal history when determining punishment.

New York’s lookback provision examines any DWI-related conviction within the past ten years, including reduced charges like DWAI, out-of-state convictions, and commercial driving violations. Many defendants discover that a seemingly minor first offense from years ago now elevates their current case to felony status with mandatory minimum jail time.

Criminal defense attorney Mehdi Essmidi understands that these cases require a thorough evaluation of prior conviction records, constitutional challenges to traffic stops, and chemical testing procedures. His background as a former prosecutor gives him insight into how different counties approach repeat offender prosecution and which strategies prove most effective in specific courthouses. Contact us for a free consultation.

Felony DWI in New York

While a first or second offense may be classified as a misdemeanor in New York, depending on the circumstances, a third offense within ten years is automatically increased to a felony with more serious potential penalties upon conviction.

In addition to the number of offenses, having a child under 16 in the vehicle at the time of the offense, causing serious injury or death due to intoxicated driving (vehicular assault or manslaughter), and having a blood alcohol concentration (BAC) of 0.18% or higher may also lead to a felony DWI.

Aggravated DWI Vs. Felony DWI in NY

In New York, an Aggravated DWI is a specific charge that can be issued against drivers with a BAC of 0.18% or higher (double the legal limit of 0.08%). An Aggravated DWI charge is not an automatic felony.  However, it can become a felony in cases with a prior DWI conviction within the last ten years.

Types of Felony DWI Charges and Penalties

In New York State, there are several types of felony DWI charges:

Second DWI Offense (Class E Felony)

A second DWI offense within ten years of the first is classified as a Class E felony in New York. This charge carries potential penalties of up to four years in prison, fines from $1,000 to $5,000, and license revocation for a minimum of one year.

Third or Subsequent Offense (Class D Felony)

If you are charged with a third or subsequent DWI offense within ten years, this is classified as a Class D felony. The potential penalties for this charge may include up to seven years in prison, fines from $2,000 to $10,000, and license revocation for a minimum of one year.

Vehicular Assault and Vehicular Manslaughter

If a driver causes a serious physical injury or death while driving under the influence of alcohol or drugs in New York, they may be charged with Vehicular Assault or Vehicular Manslaughter — felony offenses under the New York Penal Law.

• Vehicular Assault in the Second Degree (PL §120.03) is a Class E felony, punishable by up to 4 years in state prison.
• Aggravated Vehicular Assault (PL §120.04-a) is a Class C felony, carrying up to 15 years in prison.

If a person is killed:

• Vehicular Manslaughter in the Second Degree (PL §125.12) is a Class D felony, punishable by up to 7 years in prison.
• Vehicular Manslaughter in the First Degree (PL §125.13)—charged when there are aggravating factors like prior DWIs or an extremely high BAC—is a Class C felony, with a sentence of up to 15 years in prison.
• Aggravated Vehicular Homicide (PL §125.14) is a Class B felony with a potential prison sentence of up to 25 years.

Felony DWI Defense

Many potential defenses can be used in a felony DWI case, and as an experienced NY felony DWI attorney, Mehdi Essmidi is committed to exploring all possible avenues of defense. Here are possible strategies we might use:

Challenging Prior Convictions: One potential avenue of defense is challenging the validity of prior convictions. If a prior conviction was obtained in violation of your constitutional rights, or if there were other significant legal errors in the case, it may be possible to have that conviction set aside.

Disputing BAC or Sobriety Test Results: Another defense strategy involves disputing the results of blood alcohol concentration (BAC) tests or field sobriety tests, which could lead to charges being reduced or dismissed.

Constitutional Violations or Improper Stops: If your rights were violated during your arrest or subsequent investigation, this could also provide grounds for a defense.

Schedule a Free Consultation

Facing a felony DWI charge can be hard on those charged and their families. However, it’s important to remember that you don’t have to face this alone.

The Law Offices of Mehdi Essmidi offers the tailored legal representation that you need during this difficult time. Attorney Mehdi Essmidi, a former New York City Prosecutor, uses extensive knowledge and experience to aggressively defend his clients’ rights and fight for the best possible outcome in their cases. Contact us today to schedule a free consultation.

Frequently Asked Questions

Should I plead guilty to a New York felony DWI?

Pleading guilty to a NY felony DWI without consulting a DWI lawyer can lead to severe consequences, including incarceration, loss of driving privileges, and a permanent criminal record. It’s critical to speak with experienced legal counsel before making any decisions in court.

Can failing a field sobriety test lead to a felony DWI charge in New York?

Failing a field sobriety test alone doesn’t automatically result in a New York felony DWI, but it can contribute to probable cause for arrest. If other aggravating factors exist — like a prior DWI conviction or child passenger — the charge can be elevated to a felony.

Do NY felony DWI charges cause automatic license suspension?

Yes. If you are arrested for a NY felony DWI, your license suspension can be immediate, especially if you refuse a chemical test. If convicted, your driving privileges may be revoked for a year or more, depending on the severity of the offense and your record.

Do I need a lawyer for a New York felony DWI case?

Absolutely. A New York felony DWI charge is serious and can result in life-changing penalties. A skilled felony DWI attorney can challenge issues such as reasonable suspicion, BAC level, and field sobriety tests to help build a strong defense and pursue reduced charges or dismissal.