In New York, a DWI offense is typically a misdemeanor. For example, a first-time DWI carries a jail sentence of up to one year, a maximum fine of $1,000, and driver’s license revocation for at least six months.
However, certain DWI offenses can lead to felony charges. This means a conviction can result in years of imprisonment, more expensive fines, and longer periods of license revocation/suspension.
The following are the common types of felony DWIs in New York:
- Multiple DWIs – A second DWI or DWAI-Drug violation within a 10-year period is a Class E felony, punishable by a maximum prison term of four years, a fine not exceeding $5,000, and driver’s license revocation for at least one year. A third DWI or DWAI-Drug violation within a 10-year period is a Class D felony, which can result in imprisonment for up to seven years, a maximum fine of $10,000, and driver’s license revocation for at least one year.
- DWI Child Endangerment – If a person has a child passenger of 15 years old or younger in the vehicle at the time of a DWI arrest, he/she can be charged with a Class E felony. However, if the child passenger suffers a serious injury at the time of the arrest, then the driver can be charged with a Class C felony, which carries a prison sentence of up to 15 years. If the child passenger dies in the event of a DWI, then the driver can be charged with a Class B felony, punishable by a maximum prison term of 25 years.
- Vehicular Assault – If a person suffers a serious injury in an accident because another individual is under the influence, the driver will be charged with second-degree vehicular assault, which is a Class E felony. However, if the driver has a blood alcohol content (BAC) of at least .18 percent at the time of the accident, causes serious injury to more than one person, or has a previous alcohol-related conviction within the past decade, then it is first-degree vehicular manslaughter, which is a Class D felony.
- Vehicular Manslaughter – If a person dies in an accident caused by an intoxicated driver, the driver will be charged with second-degree vehicular manslaughter, which is a Class D felony. However, if the driver has a blood alcohol content (BAC) of at least .18 percent at the time of the accident, causes the death of more than one person, or has a previous alcohol-related conviction within the past decade, then it is first-degree vehicular manslaughter, which is a Class C felony. Additionally, it is possible to be charged with aggravated vehicular manslaughter – which is a Class B felony – if more aggravating circumstances are apparent.
If you or a loved one has been arrested for a felony DWI in New York, contact Collins Gann McCloskey & Barry PLLC today at (516) 218-5131 and request a free initial consultation. Let more than 80+ years of collective experience help you immediately!
