Being charged with a DWI in New York can be stressful. Many drivers want to know whether it is considered a misdemeanor or a felony. The answer depends on your history and the details of the arrest.
Types of Alcohol and Drug-Related Violations
New York recognizes several types of impaired driving charges.
- DWAI/Alcohol: More than .05 BAC but less than .07 BAC, or other evidence of impairment. This is a traffic violation, not a crime.
- DWI: Driving with .08 BAC or higher, or showing signs of intoxication. For commercial drivers, the BAC limit is .04.
- Aggravated DWI: Driving with .18 BAC or higher.
- DWAI/Drug: Impairment caused by one drug other than alcohol.
- DWAI/Combination: Impairment from a mix of alcohol and drugs.
- Chemical Test Refusal: Refusing a breath, blood, or urine test.
- Zero Tolerance Law: Drivers under 21 with .02 to .07 BAC.
Each offense has different consequences, but only certain ones are considered crimes.
When a DWI Is a Misdemeanor
A first-time DWI is usually a misdemeanor. It can lead to fines between $500 and $1,000, up to one year in jail, and a license revocation of at least six months. A second DWI within 10 years is also treated as a misdemeanor but carries tougher penalties, including higher fines and longer revocations.
Aggravated DWI is also classified as a misdemeanor if it is a first offense. Penalties are more severe, with fines ranging from $1,000 to $2,500 and a one-year license revocation.
When a DWI Becomes a Felony
A DWI can be charged as a felony if you have two or more DWI-related convictions in the past 10 years. A second aggravated DWI within 10 years is an E felony and can lead to up to four years in prison. A third offense within 10 years is a D felony, punishable by up to seven years in prison. Felony convictions also come with higher fines and longer license revocations.
Additional Penalties
New York adds mandatory surcharges and fees. For a misdemeanor, the surcharge is $395. For a felony, it is $520. Multiple convictions within 10 years can lead to permanent license revocation, though some drivers may request a waiver after five years. Refusing a chemical test leads to automatic license revocation, even without a DWI conviction.
Get Help with Your DWI Case
A DWI charge can affect your license, job, and future. If you are facing a misdemeanor or felony DWI in New York, you do not have to go through it alone. Call Karpf Criminal Law at (631) 424-6444 to discuss your case and protect your rights.