Legal Question in DUI Law in New York

Re: DWI felony

Under NYS law if you plead guilty to a misdemeanor DWI charge and are charged with a DWI within the time frame of ten years it is charged as a felony DWI.

I have handled many of these cases and have been able to work out very good resolutions, avoiding jail time in virtually every instance.

You should seek out a private attorney who has experience in this area and is able to properly guide you through this situation, ensuring that you have a proper defense and avoid any potential pitfalls associated with such a case.

On a Felony charge you are potentially facing over one year of jail time, it is EXTREMELY important that you get in contact with someone as soon as possible to ensure that they enter into the case early enough to prepare a proper defense.

If you would like further information please feel free to contact my office. You can visit our website at www.cgonzalezlawfirm.com or email us at the email address provided below or call us directly at 2127098303.

Re: DWI felony

You need to obtain legal representation as soon as possible so that an experienced DWI attorney can review the charges and make appropriate recommendations and prepare a competent defense. If you need a referral in your area, you may contact me via email.

Good luck!

Re: DWI felony

That is because IT IS a felony.

Generally, subject to changes in the law, it has been that if you are charged with DWI within 10 years of having been convicted of either DWI or DWAI Drugs, you can be charged with class E felony DWI. Nonetheless, if you are allowed to plead to misdemeanor DWI, you face the following potential consequences:

A fine of between $500 and $1,000, up to 1 year in jail, or both;

A period of probation of 3 years;

Revocation of your driver's license for 1 year. In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before it will ever relicense you;

A surcharge of $185 ($190 if the case is in either a Town or a Village Court);

A driver responsibility assessment of $250 a year for 3 years; and

A requirement that you attend a Victim Impact Panel.

If you are convicted of misdemeanor DWI after having been convicted of misdemeanor DWI within the past 5 years, you are subject to the following additional mandatory penalties:

5 days in jail, or 30 days of community service; and

You must install an ignition interlock device in each motor vehicle you own.

If the new DWI charge is more than 5 years from your prior DWI or DWAI Drugs conviction, you may be eligible for the Drinking Driver Program and a conditional license.

Good Luck

RRG