Most first-time DWIs are misdemeanors. A DWI crosses into felony territory when one or more of the following is present: a prior DWI conviction within the last ten years, an accident that caused injury, another crime committed alongside the DWI, or a child age 15 or younger in the vehicle. Any one of these can turn what many people assume is a manageable case into one that carries state prison time.
How New York classes a felony DWI
A second DWI within ten years of a prior conviction is a Class E felony. A third within ten years is a Class D felony, a more serious class carrying a longer maximum sentence. The fine range rises with each level, from $1,000–$5,000 on a Class E to as much as $10,000 on the most serious offenses, and the maximum incarceration rises from up to four years to up to seven and beyond. Where an intoxicated-driving accident causes serious injury or death, New York can charge vehicular assault or vehicular manslaughter, which are far more serious still.
Leandra's Law
Named for an 11-year-old killed in a drunk-driving crash, Leandra's Law makes it an automatic felony to drive while intoxicated with a child age 15 or younger in the vehicle, even if it is your first arrest and no one was hurt. It also requires an ignition interlock device on any vehicle you own or operate following a DWI conviction. A parent with an otherwise clean record can be charged with a felony under this statute, which is why these cases need careful, immediate attention.
What a felony conviction really costs
Beyond the fine and the possibility of state prison, a felony conviction can mean the loss of the right to vote while incarcerated, the loss of the right to own a firearm, immigration consequences for non-citizens, and a permanent record that follows you through every job application, professional license, and background check for the rest of your life. The stakes are simply on a different level than a misdemeanor.
How felony DWI is defended
The defense begins the same way every strong DWI defense begins, with the record. Was the stop lawful? Was there probable cause to arrest? Was the breath or blood testing performed and documented correctly? On a repeat-offense felony, the validity of the prior conviction itself can sometimes be challenged. Where injuries are alleged, the causation and the accident reconstruction matter enormously. The goal, always, is to get the charges dismissed or reduced, and where that is not possible, to build the strongest possible mitigation so the sentence is as light as the facts allow.