Felony DWI
Buffalo DWI Lawyer
Being charged with a felony DWI can ruin someone’s life due to the jail time and hefty fines. If you were charged with a second or more DWI arrest within a ten year period, you might be scared about your fate. Contact experienced Buffalo DWI Lawyer John Dudziak to defend your freedom.
New York imposes strict repercussions for drivers who are convicted of a second DWI within the past Ten (10) years. Included in these harsh penalties is the elevation of the offense to a Class E felony.
Typically, alcohol-related driving offenses are not felony-level charges. However, there are quite a few situations where this does not hold true. Felony DWI charges are a very serious issue. If you have been charged with a felony DWI or other alcohol-related driving offense, get in touch with experienced DWI Lawyer John M. Dudziak today. Call us for a FREE consultation.
Second Offense: Aggravated DWI (within 10 years) in New York – Class E felony
When a driver is charged with a second Aggravated DWI within Ten (10) years, he or she faces a Class E felony in New York with a possible fine of $1,000 to $5,000 and up to Four (4) Years of Jail Time. Further, the driver will lose his or her driver’s license for at least Eighteen (18) months.
Third Offense: Aggravated DWI (within 10 years) in New York – Class D felony
When a driver is charged with a third Aggravated Driving While Intoxicated (“Aggravated DWI”) within Ten (10) years, he or she will face a Class D felony in New York with a possible fine of $2,000 to $10,000 and up to Seven (7) Years of Jail Time. Additionally, the driver will lose his or her Driver’s License for at least Eighteen (18) months.
Second Offense: DWI / DWAI-Drug (within 10 years) in New York – Class E felony
When a driver is charged with a second DWI or Driving While Ability Impaired by a Single Drug other than Alcohol (“DWAI-Drug”) within Ten (10) years, he or she will face a Class E felony in New York with a possible fine of $1,000 to $5,000 and up to Four (4) Years of Jail Time. Additionally, the driver will lose his or her Driver’s License for at least One (1) year.
Third Offense: DWI / DWAI-Drug (within 10 years) in New York – Class D felony
When a driver is charged with a third DWI or Driving While Ability Impaired by a Single Drug other than Alcohol (“DWAI-Drug”) within Ten (10) years, he or she will face a Class D felony in New York with a possible fine of $2,000 to $10,000 and up to Seven (7) Years of Jail Time. Additionally, the driver will lose his or her Driver’s License for at least One (1) year.
Second Offense: DWAI-Combination (within 10 years) in New York – Class E felony
When a driver is charged with a second Driving While Ability Impaired by a Combination of Drugs or Alcohol (“DWAI-Combination”) within Ten (10) years, he or she will face a Class E felony in New York with a possible fine of $1,000 to $5,000 and up to Four (4) Years of Jail Time. Additionally, the driver will lose his or her Driver’s License for at least One (1) year.
Third Offense: DWAI-Combination (within 10 years) in New York – Class D felony
When a driver is charged with a third Driving While Ability Impaired by a Combination of Drugs or Alcohol (“DWAI-Combination”) within Ten (10) years, he or she will face a Class D felony in New York with a possible fine of $2,000 to $10,000 and up to Seven (7) Years of Jail Time. Additionally, the driver will lose his or her Driver’s License for at least One (1) year.
Frequently Asked Felony DWI Questions
What is a felony
- A felony is a crime in New York State that is punishable with a jail term longer than one year in state prison.
What is the difference between a felony DWI and a misdemeanor?
- In New York State, the difference between a felony DWI and a misdemeanor DWI generally boils down to the time of incarceration. A misdemeanor DWI is punished by up to one year in jail, where as felony DWI, which has various levels starting at E level, which is punishable by one and one-third to four years in jail. In order to be charged with a felony DWI, you have to have had a prior misdemeanor conviction within the preceding ten years, or have violated New York State’s Leandra’s Law.
What is the ten-year rule?
- The 10-year time limitation comes into play when you are charged with a DWI for a second time. The prosecution and the court will look at your criminal history report to see when your prior was. If it happened within the last 10 years, that DWI could potentially become a felony. It’s important to note, too, that the regulations with Department of Motor Vehicles have changed, and now, there is a lifetime look-back in terms of the suspension and/or revocation of your license. Generally, the 10-year rule is for criminal courts, and it generally does not fall off. This additionally does not imply that a DWI is erased from your record after a period of 10 years.
What is Leandra’s Law?
- If you were driving with another individual who was 15 years of age or younger when you were arrested for DWI, the Leandra Law escalates that to an automatic felony. This felony is punishable by up to 4 years in jail, and significant monetary fines, including potential jail time, probation and loss of license.
Calming Anxiety with a Knowledgeable Buffalo DWI Lawyer
If you have been charged with a felony DWI in Buffalo or any other alcohol-related driving offense, call our highly skilled Buffalo DWI Lawyer for a FREE consultation. John M. Dudziak will help you defend your rights and mount a proper legal defense.
As a former Erie County Assistant District Attorney, former Town Attorney and Prosecutor for Lancaster, John M. Dudziak understands the law, and has the skills necessary to protect your rights. He is available 24 hours a day, 7 Days a week for a FREE phone consultation.