New York Felony DWI Lawyer
If you or someone you love has been charged with a Felony Driving While Intoxicated in New York State, then you are not alone. We can help. Contact us today to discuss your case free of charge at: 1-877-435-7394. Below are the current New York’s DWI penalties related to a Felony Driving While Intoxicated.
Overview of Felony Driving While Intoxicated
A motorist who commits a DWI within 10 years of a prior conviction or convictions for an alcohol related offense (other than DWAI) may be charged with a Felony DWI. The “Class” of Felony that a motorist can be charged with is dependent on the number of prior convictions, and the time frame in which they occurred.
Up to seven (7) years in state prison, up to $10,000 fine, minimum license revocation of one 18 months.
A charge of DWI may result in a felony in 4 different ways: (1) prior misdemeanor or felony DWI conviction within the past 10 years; (2) operation of a motor vehicle while the operator’s driver’s license is suspended pending prosecution for a DWI offense or due to an unresolved suspension/revocation of the operator’s driver’s license resulting from a DWI related conviction; (3) having a passenger in the motor vehicle who is a child 15 years old or younger; and (4) serious physical injury or death of an individual other than the driver of a motor vehicle.
An individual charged with DWI who has a single misdemeanor or felony DWI conviction within the past 10 years will likely be charged with a class “E” felony. A class “E” felony is punishable with up to 4 years in prison.
Two misdemeanor or felony DWI convictions within the past 10 years will likely result in an individual being charged with a class “D” felony for which there is a potential 7 year prison term.
In addition to the possibility of a state prison sentence; other likely sentences include, significant fines, probation, parole, the installation of an ignition interlock device, license revocation (possibly, permanent or lifetime revocations), etc…
The assistance of experienced and knowledgeable DWI lawyers is critical with regard to the defense of felony charges due to the potential sentencing ramifications. With the possibility of jail or prison, it is crucial that the attorney negotiating on your behalf with the prosecutor or appearing with you at court has a solid understanding of the techniques and laws associated with DWI defense.
Felony DWI Charges No Joke In New York State
If a felony DWI conviction sounds like a serious one, it is because a felony DWI conviction can have severe consequences. Under New York DWI laws, for multiple convictions, a convicted driver may face jail time, heavy penalties, and license revocation. In fact, a Felony DWI conviction for being convicted of two DWI charges within ten years may result in jail sentence for up to four years, as well as a fine between $1,000 and $5,000. A third DWI conviction is a Class D Felony, and can result in a sentence of up to seven years in jail, and a fine between $2,000 and $10,000. Felony DWI charges are certainly no joke.
According to UticaOD.com, a 42-year-old man from Dolgeville, New York, is learning about Felony DWI the hard way, after allegedly drinking and driving this week on Thursday. Michael Rumrill was charged with felony DWI, Aggravated DWI and Felony Aggravated Unlicensed Operation after being stopped at a traffic stop in Dolgeville. Mr. Rumrill allegedly has two prior DWI convictions, and was driving despite the fact that his license has been revoked. In addition to these issues, Mr. Rumrill also allegedly had a blood alcohol content of 0.18 percent or higher at the time of the arrest. Mr. Rumrill was arraigned, and was subsequently sent to the county jail.
WIVB.com reports an extreme case of felony DWI that occurred earlier this month. Engleburt Unterburger, a 42-year-old man from Delevan, was arrested and charged with felony DWI, aggravated DWI and felony aggravated unlicensed operation after police pulled him over and allegedly determined that he had been drinking while driving. Mr. Unterburger has two felony DWI convictions already on his record and has had his licensed revoked for 21 years. Mr. Unterburger was sent to the county jail without bail.
In felony DWI cases, the best defense a person has against the charges is to consult with an experienced DWI attorney. The attorneys at Nave DWI Defense Attorneys have extensive experience defending felony DWI charges with success.
For example, in the case of People v. C.G., an Nave DWI Defense Attorneys client was stopped because his tail lights were insufficient, and for failing to keep right. When police officers stopped him, he failed five sobriety tests, and admitted that he had been drinking before he got into his car. The client allegedly had a blood alcohol content of 0.12 percent. The client also had three previous DWI and DWAI convictions. During the case, the District Attorney’s office made an offer to the client, which Nave DWI Defense Attorneys attorneys did not believe was good enough. The offer was for an “E” felony, with one year in jail, and $1,500 in fines, plus installation of an interlock device and one year of license revocation. Instead of accepting the deal, Nave DWI Defense Attorneys attorneys made a motion to dismiss based on technical deficiencies in the case. The motion was ultimately granted, and the all charges against the client were dismissed.
If you have been charged with a Felony DWI in New York State, contact us for a FREE case consultation.
If you or someone you love has been charged with a Felony Driving While Intoxicated, then you are not alone. We can help. Contact us today to discuss your case free of charge at: 1-877-435-7394.