In New York State, a DWI while driving with a blood alcohol concentration of .08% or higher, or being impaired by drugs in general, is a serious offense that could be charged as a felony. For most people, a first-time DWI is classified as a misdemeanor, an offense below a felony. Still, under certain conditions, a felony charge could be imposed if sufficient evidence is presented to a judge and jury to plead guilty in such a case. 

Understanding how, when, and why this happens can make a critical difference in both the legal outcomes for you if you're charged, its long-term consequences, as well as how we at DuBois Law conduct criminal defense while being on your case. Our job with writing blogs like this is to educate you on what would happen in cases like this. If you're someone who is suspected of a DWI, we are not here to judge; we are simply here to help.

In this blog, we will break down when a DWI in the state of New York constitutes being considered as a felony and the consequences that it brings.

Breakdown of a Regular DWI and a Felony DWI

We've written many blogs in the past regarding DWIs and their consequences, but we feel it's important to now talk about certain distinctions in how the law works in order to help clear up any confusion someone might have. Let's start by looking at the difference between a regular DWI and a felony DWI:

Regular DWI

A normal DWI conviction charge in the state of New York for driving while intoxicated is treated as a misdemeanor. As we just mentioned, a misdemeanor is a level of charge below a felony. A standard felony carries fines, a revocation of your license, a mandate for you take treatment with alcohol programs, and possibly, up to a year in jail, depending on how severe it was. If you want to look more into the outcomes for these penalties, head to the official NY DMV website to learn more. It can be elevated to a felony DWI based on certain factors that are discussed in the next section.

Aggravated Felony DWI

Now, how does it become a felony DWI with those details in mind? Like some other crimes, if you have a past conviction for a DWI and it also came within a specific period of time, that's an example of how it gets bumped up to felony status. Repeat offenses are a common way for something to become a felony, and here in New York State, if you're convicted of a 2nd DWI within the span of 10 years, it will be elevated to a Class E felony. 

Class E is just the lowest category of felony in the state, but you'll still be met with extended prison time and larger fines. A 3rd DWI would be a Class D felony with harsher punishment, like taking away full driving privileges. 

Other Factors That Can Lead to a Felony DWI

A good point of conversion around this topic relates to a law that many people may have never heard of before, called Leandra's Law. According to the New York DMV, it was signed into law on November 18, 2009, in honor of Leandra Rosado. Leandra was an 11-year-old killed while she rode in a vehicle with the intoxicated mother of one of her friends. The proper response to this was to modify the penalties one would receive if they committed this crime. It even required people to install an ignition interlock device in their vehicle. It is your own personal breathalyzer that prevents the engine from starting if it detects your blood alcohol concentration goes above a legal limit.

The main point we want to get across with this is that in New York, a DWI doesn't simply become a felony because of blood alcohol level, but because of repeat offenses or the presence of aggravating circumstances, such as with the example of Leandra's Law and the story that came from that. With automatic felony charges under that law and serious consequences for repeat offenders, New York State has structured its laws to impose increasingly stringent penalties.

If you or someone you know is facing a potential felony DWI charge, it's crucial to be educated on these laws and other important information that this blog teaches. Again, we are not here to judge, and we want to hear out your case. If you have any more questions, reach out to us through our contact form, and we will get back to you as soon as possible!

DWI and Criminal Defense FAQ

When would a DWI become a felony in the state of New York?

Most first-time DWI offenses are typically charged as misdemeanors. However, some circumstances can elevate a DWI to a felony, leading to far more severe consequences. A second DWI conviction within 10 years will be charged as a Class E felony, while a third offense may result in a Class D felony; both carry harsher penalties than the one before, to the point where you will lose your license fully.

Under Leandra's Law, a DWI becomes a felony if a child under the age of 156 is in the vehicle at the time. Repeat offenders will be required to install an ignition interlock device that acts as a personal breathalyzer. Understanding the difference between a standard DWI and a felony DWI.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.