Multiple DWI Convictions: When Misdemeanor DWI Charges turn into Felonies

Sometimes prosecutors can treat one DWI charge as much more than one DWI charge. One such case is when the driver charged with violating DWI Laws has multiple DWI convictions within a set number of years. A recent news story illustrates this provision of the New York Vehicle and Traffic Laws.

Last week, according to the Pearl River Patch, law enforcement officers stopped a man from Stony Point, New York, for a traffic violation in Nanuet. In the course of the stop, police officers determined that the 33-year-old driver appeared to be intoxicated. While initially the driver was charged with misdemeanor DWI, after authorities determined that it would be his second DWI charge within ten years, the charge was upgraded to a felony. The driver was arraigned and released pending a hearing.

Multiple DWI charges within a set number of years can pose as an extremely expensive problem, and one that can even warrant jail time. Under the New York Vehicle and Traffic Laws, a second Aggravated DWI conviction within ten years of the first conviction is a Class E felony punishable by up to four years in jail, a fine between $1,000 and $5,000, and license revocation for at least 18 months. A third Aggravated DWI charge within ten years is punishable by up to seven years in jail, a fine between $2,000 and $10,000 and a license revocation for at least 18 months. The penalties are similar in the cases of DWI, Driving While Ability Impaired by Drugs (DWAI-Drugs), and DWI/DWAI-Drug Combinations. However, in the case of DWI and DWAI-drugs, the license revocation period is shorter.

The attorneys at Nave DWI Defense Attorneys are familiar with cases involving multiple DWI charges. For example, in the case of People v. W.C., an Nave DWI Defense Attorneys Client was charged with DWI, and faced up to four years in jail and a one year revocation of his driver’s license because he was convicted of a DWI less than ten years prior. Nave DWI Defense Attorneys attorneys were able to dismiss these charges against him because the prosecution failed to produce any witnesses. In another case, People v. C.G., an Nave DWI Defense Attorneys client had three previous DWI and DWAI convictions on his record, when he was stopped and charged again for violating DWI laws. Due to his prior convictions, he was charged with two counts of felony DWI. The District Attorney offered the client a plea bargain, which was rejected by Nave DWI Defense Attorneys attorneys. Ultimately, Nave DWI Defense Attorneys attorneys were able to secure a much more favorable outcome: dismissal of the charges based on technical deficiencies.

Multiple DWI charges within a set time period can be costly, and can even result in jail time. If you have been charged with DWI and have a prior DWI conviction, it is important you that you consult with an experienced attorney immediately. Contact an experienced attorney at Nave DWI Defense Attorneys today for a confidential consultation at 877-435-7394.

Disclaimer: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.

2015-10-20T14:12:02+00:00