New York Felony DWI Lawyer

Fighting Felony Drunk Driving Charges in NY

A felony DWI involves harsh penalties and considerably greater legal consequences than misdemeanor charges. Understanding what specifically constitutes felony DWI matters if you face arrest and charges that could significantly impact your future. It is important to make the right choice and select one of the best criminal defense lawyers to represent you in New York.

At Barket Epstein Kearon Aldea & LoTurco, LLP, we leverage the insights of former prosecutors and other skilled litigators in our quest to help our clients confront all types of criminal charges, and win. Allow our seasoned legal team to guide you through the process and use our earned insights to build a client-centered defense on your behalf.

Please contact us if you are in need of a free consultation. We can be reached online or at (888) 779-0267.

When Can a DWI Become a Felony?

In New York, Driving While Intoxicated (DWI) is a serious offense, and it can be elevated to a felony charge under specific circumstances. Felony DWI charges typically involve repeat offenses or aggravating factors. Here's an overview of how DWI becomes a felony in New York:

• Repeat Offenses (Within 10 Years):
  • Second DWI Offense: If a driver is convicted of a second DWI within 10 years of the first conviction, it is classified as a Class E felony. This is known as an Aggravated DWI, punishable by a maximum prison sentence of 4 years, a fine of up to $5,000, and driver's license revocation for a minimum of one year.
  • Third or Subsequent DWI Offense: A third DWI conviction within 10 years escalates to a Class D felony, which comes with imprisonment for up to 7 years, a maximum fine of $10,000, and license revocation for at least one year.
• Aggravated DWI (BAC of 0.18% or Higher)
• If a driver’s Blood Alcohol Content (BAC) is 0.18% or higher, the DWI charge can be elevated to Aggravated DWI. A second Aggravated DWI offense within 10 years becomes a Class E felony.
• DWI with a Child Passenger (Leandra’s Law): Leandra’s Law mandates that if a person is caught driving while intoxicated with a child passenger under the age of 16, the charge is automatically elevated to a Class E felony, even if it’s the driver’s first offense.
• Vehicular Assault or Homicide: If a DWI results in serious injury or death, the driver could face charges of Vehicular Assault (a Class D felony) or Vehicular Manslaughter (a Class C felony), depending on the circumstances.

How We Can Help

At Barket Epstein Kearon Aldea & LoTurco, LLP, we understand the serious implications of a felony DWI charge in New York. Our experienced team can provide invaluable assistance in various ways to help protect your rights and minimize the impact of these charges:

• Thorough Case Evaluation: We carefully examine all aspects of your case, including the traffic stop, arrest procedures, and the results of any chemical tests (like breath or blood tests). We assess whether your rights were violated at any stage, which could lead to key evidence being dismissed or charges reduced.
• Challenging Evidence: We scrutinize the accuracy of BAC results, the calibration of testing devices, and the qualifications of the officers conducting the tests. If any procedures were mishandled or the evidence is questionable, we may be able to challenge its admissibility in court.
• Negotiating Reduced Charges: In many cases, we can negotiate with prosecutors to reduce felony DWI charges to a misdemeanor, especially if this is your first felony offense or there are mitigating circumstances. This could result in lighter penalties and fewer long-term consequences.
• Aggressive Defense in Court: Should your case go to trial, we build a strong defense strategy tailored to your specific situation. We present evidence and testimony to cast doubt on the prosecution’s case, aiming for a dismissal, acquittal, or reduced penalties.
• Minimizing Penalties: Even in cases where conviction is likely, we work to minimize the severity of penalties. This can include advocating for alternatives to jail time, such as probation, alcohol treatment programs, or community service.
• Post-Conviction Support: If you have already been convicted of a felony DWI, we can assist with post-conviction matters, such as seeking a sentence reduction, record sealing, or challenging the conviction on appeal.

Make our firm the first call you to make after being arrested or charged with a crime. To schedule a free consultation, contact our office online or call (888) 779-0267 today.