Driving while intoxicated, or DWI, is a serious offense in New York. Most first-time DWIs are handled as misdemeanors, but certain situations can make the charges much more serious. Understanding what can turn a DWI into a felony can help you grasp the legal consequences and how the law treats repeat or aggravated offenses.
Felony DWI for Repeat Offenders
One of the main ways a DWI becomes a felony is if you have prior convictions. In New York, if you are charged with a DWI and have had a previous DWI or DWAI (driving while ability impaired) conviction within the last ten years, your new offense can be considered a felony. These repeat offenses carry much harsher penalties than a first-time misdemeanor.
For example, a felony DWI can be classified as a Class E or Class D felony depending on the circumstances. A Class E felony could mean up to four years in prison and fines between $1,000 and $5,000. A Class D felony, which is reserved for more serious cases, can lead to up to seven years in prison with fines ranging from $2,000 to $10,000.
Aggravating Factors That Lead to Felony Charges
Even if it is not a repeat offense, certain factors can make a DWI a felony. One of the most well-known is Leandra’s Law, which applies when a driver is intoxicated with a child passenger under the age of 16. This law makes the offense a Class E felony automatically. It does not matter if it is your first offense; the presence of a child in the vehicle makes the case far more serious.
Another aggravating factor is refusing to take a chemical test after being pulled over. If you have a prior DWI conviction within ten years and refuse the chemical test, the new charge may be elevated to a felony. Chemical test refusals can carry penalties such as jail time, probation, fines, and license suspension.
Causing serious physical injury or death while driving drunk is another situation that can lead to felony charges. These cases are treated as the most serious DWI offenses and can result in long prison sentences and significant fines.
Understanding Aggravated DWI
Some people may hear about “aggravated DWI” and assume it is a felony. In reality, an aggravated DWI, which usually means having a blood alcohol content of .18 or higher, is still considered a misdemeanor. However, it comes with higher fines, longer license suspensions, and increased jail time compared to a standard DWI.
Other Felony Considerations
Certain situations related to your driving record or license status can also increase the risk of felony charges. Aggravated unlicensed operation, or driving drunk with a suspended license, is an example. If someone drives with a suspended license after repeated violations or unpaid fines, the charges may escalate to a felony. These cases often carry jail time, fines, and further restrictions on driving privileges.
Get Legal Help Today
A DWI can become a felony in New York in several ways. Repeat offenses within ten years, driving intoxicated with a child passenger, chemical test refusal after a prior conviction, causing serious injury or death, and aggravated unlicensed operation are the main circumstances that elevate the severity of charges. Even though first-time DWIs and aggravated DWIs are typically misdemeanors, the legal consequences grow significantly when any of these factors apply.
Understanding how a DWI could be treated as a felony can help you take the situation seriously and respond appropriately. Felony charges carry much higher fines, longer prison sentences, and lasting effects on your driving privileges and criminal record.
If you are facing a DWI charge that could be classified as a felony, getting professional legal support is important. Experienced attorneys can help explain the law, review your case, and explore possible defenses or ways to minimize penalties. Reaching out for help early can make a difference in the outcome.