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A Fifth DWI in Flanders: Class D Felony, Jury Verdict, and the Maximum Sentence

No crash and no injuries: a 911 call from a gas station, a .17 breath test, and how New York punishes a repeat DWI.

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Flanders Road and Longneck Boulevard, Flanders · Saturday, November 29, 2025, about 1:24 a.m.

A 36-year-old driver was sentenced to 2 1/3 to 7 years in prison, the maximum, after a Suffolk County jury convicted him of felony DWI. It was his fourth felony DWI conviction within ten years, on top of an earlier misdemeanor DWI conviction.

What happened

According to the Suffolk County District Attorney and the evidence at trial, Pablo Aguilar-Alvarez had been drinking when he drove with his girlfriend to a gas station at Flanders Road and Longneck Boulevard to buy more alcohol. Inside, his girlfriend asked the clerk to call 911. The call gave police the car's description and plate.

Southampton Town police found the car, watched it roll through a stop sign and cross the double yellow line on Longneck Boulevard, and pulled it over. When it stopped, he got out on the passenger side, which prosecutors said was an attempt to hide that he had been driving. He failed field sobriety tests and consented to a breath test, which showed a BAC of .17.

The verdict and the sentence

On August 7, 2026, a jury convicted him of DWI per se and DWI, both class D felonies, and second-degree aggravated unlicensed operation. The court released him pending sentencing over the DA's objection and barred him from driving. Ten days later, investigators from the DA's office stopped him driving in Riverhead without a valid license. On September 22, 2026, he was sentenced to 2 1/3 to 7 years.

How repeat DWI penalties climb in New York

RecordChargeMaximum prison
No prior DWI in 10 yearsMisdemeanor DWI1 year
One prior DWI conviction in 10 yearsClass E felony1 1/3 to 4 years
Two or more prior DWI convictions in 10 yearsClass D felony2 1/3 to 7 years

Repeat offenses also bring longer license revocations, an ignition interlock, and in some cases a permanent revocation. The ten-year lookback is counted from the date of the prior conviction to the date of the new offense, so the exact dates on an old case matter.

A case like this one also shows that a DWI does not need a crash, or even a patrol stop, to start. A 911 call from a bystander gives police a reason to look for a car, but officers still need their own observations, here the stop sign and the center line, to justify the stop.

Facing a second or third DWI in Suffolk? A prior conviction changes everything about the case. Talk to a Suffolk County DWI lawyer before your next court date: (516) 790-6618, 24/7.

Related: felony DWI · will I go to jail for a DWI?

This article is drawn from public court filings, official releases and news reports, and is provided for general information only. A charge is an accusation, not proof of guilt. Every person is presumed innocent unless and until proven guilty in court. Nothing here predicts the outcome of any other case, and nothing here is legal advice.

Sources

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