In New York, DWI is generally a misdemeanor offense. A first DWI or DWAI-drug conviction carries a maximum jail term of six months, a fine of up to $1,000, and driver’s license suspension for at least six months.
However, there are several circumstances in which drunk or drugged driving can result in a felony charge. The main difference between a felony conviction compared to a misdemeanor conviction is that the former is punishable by a state prison sentence, rather than a county or local jail.
DUI offenses that are considered felonies in New York include:
Second DWI or DWAI-drug conviction within a 10-year period – This offense is a Class E felony, which carries a maximum prison sentence of four years, a fine of up to $5,000, and driver’s license revocation for at least one year.
Third DWI or DWAI-drug conviction within a 10-year period – This offense is a Class D felony, punishable by imprisonment for up to seven years, a maximum fine of $10,000, and driver’s license revocation for at least one year.
DWI with a child passenger – If a drunk or drugged driver has a child passenger—15 years old or younger—in the vehicle at the time of the arrest, the offense is considered a Class E felony. If the child suffers a serious injury, the offense is a Class C felony, which carries a maximum prison term of 15 years. If the child dies, the offense is a Class B felony, punishable by imprisonment of 25 years.
DWI with a suspended license – If you are driving under the influence while your license is suspended, this offense is considered a Class E felony.
A felony conviction on your criminal record can make it extremely difficult to obtain employment, find housing, apply for college, and take advantage of many opportunities in life. In addition, being a convicted felon is associated with the loss of certain rights, including the right to possess and own a firearm, the right to vote, and the right to hold public office.
If you are dealing with a traffic ticket or criminal charges in New York, call Martin A. Kron & Associates, P.C. at (212) 235-1525 or fill out our online contact form today to schedule a free consultation. Let a former traffic court judge with more than 30 years of experience protect your rights and best interests!