Felony DWI in New York

In most cases, a first DWI conviction is a misdemeanor. In New York, a misdemeanor is defined as an “offense…for which a sentence in excess of 15 days but not greater than one year may be imposed (New York State Penal Law, Article 10).

A misdemeanor is a crime.” As such, any DWI carries stringent penalties, including fines and loss of driving privileges.

However, it should come as no surprise that a second DWI offense is taken even more seriously.

Ever since New York’s first drunk-driving laws were enacted more than a century ago—as there are exponentially more vehicles on the road and cars have become faster and more powerful—new statutes have been written to address the seriousness of DWIs.

This includes the felony DWI offense.

Penalties that come with a Yonkers felony DWI conviction

If this is your second drunk-driving offense within a ten-year period, it becomes a Class E felony.

If charged with, arrested for or convicted of a non-violent Class E felony, you are in the same category as those who have committed fourth-degree arson, fourth-degree grand larceny and fourth-degree money laundering in support of terrorism—that’s how seriously a felony Aggravated DWI is taken by law enforcement, the legislature and the courts.

Penalties for a second-offense Aggravated DWI, Class E felony include:

      • A mandatory fine of $1,000 to $5,000
      • Up to four years in jail
      • License revoked for at least 18 months

For offenses beyond a second DWI within 10 years, penalties are even more extreme.

A third or subsequent DWI is a non-violent Class D felony, a conviction for which means that you will face:

      • A mandatory fine of $2,000 to $10,000
      • Up to seven years in jail
      • License revoked for at least 18 months

Other penalties for a conviction of a DWI felony generally include:

      • The requirement that an Interlock device be placed on each vehicle you own
      • Five years’ probation, which can include restrictions on firearms ownership, prohibition of entering any establishment in which the primary business is serving alcohol, supervision by a probation officer, unannounced testing and required community service
      • A driver responsibility assessment of $250 a year for three years
      • Mandatory attendance at a Victim Impact Panel

Beyond the penalties imposed by the State of New York, there are other costs.

Since the conviction stays on your record for 15 years, and since insurers have access to that record, your insurance is likely to be cancelled or your rates will increase dramatically.

It may also affect your ability to get or hold a job.

If you have been charged with a felony DWI in Yonkers, call immediately for help from our skilled legal team

A felony conviction can complicate your life for many years. We help protect your rights, your livelihood and your driving privileges.

Contact us or call our office today at (914) 968-5800 to schedule a consultation with out Yonkers DWI attorneys.

We serve clients in Yonkers, the Bronx and Westchester, Rockland, Dutchess, Putnam, Orange and Ulster counties.

DUI