Felony DWI Defense NYS

Felony DWI Defense New York State

Felony DWI is the most serious of charges related to driving while impaired.

With a Felony DWI in New York State, you are facing much more than loss of driving privileges, fines, and/or a short jail term. A DWI felony conviction in NY can bring heftier fines, time in state prison, and license revocation.

‘Class E’ DWI Felony Conviction

DWI becomes Felony DWI when there are prior DWI charges or conviction. If you have not been charged or convicted of DWI, DWAI Drugs, Vehicular Manslaughter or Vehicular Assault in the 1st or 2nd degree, you are likely facing DWI Aggravated DWI, DWAI / Alcohol, DWAI / Drug, or DWAI Combination.

Felony DWI is extremely serious in New York State. NY is one of the most aggressive states when it comes to driving while intoxicated or impaired, as reflected by the potential fines, prison time and license suspension guidelines.

Live Out of State? Charged with a DWI / DUI while traveling outside NY?

Many wonder whether a DUI, DWI or DWAI from another state could count as a prior offense in New York State.

The simple answer is, yes.

Prior out-of-state convictions can be used as a predicate for a felony DWI charge in New York. So, if you are charged with a DWI, you can be charged with a Class E felony if you have previous DWI / DWAI / DUI charges or convictions, even if in another state.

If in the past 10 years you have been convicted of DWI, DWAI Drugs, or Vehicular Manslaughter in the 1st or 2nd degree, Vehicular Assault in the 1st or 2nd degree, you can be charged with a DWI Felony.

‘Class E’ DWI Felony Conviction Penalties in NY State

Your license will be revoked for at least 1 year and evidence of evaluation or rehabilitation will be required before DMV will issue a new driver’s license,
Probation of 5 years,
Surcharge of $295,
Up to $5,000 in fines,
Up to 4 years in State Prison,
Required attendance for a Victim Impact Panel,
Driver responsibility assessment of $750 ($250 a year for 3 years),
Ignition interlock device must be installed in each automobile you own.

If in the past 5 years you have been convicted of DWI, DWAI Drugs, Vehicular Manslaughter in the 1st or 2nd degree, Vehicular Assault in the 1st or 2nd degree, you are subject to additional penalties.

If it has been more than 5 years since previous DWI or DWAI Drugs conviction, you may be eligible for a conditional license and the “Drinking Driver Program.” However, if you are on felony DWI probation the Court may prohibit you from driving during the entire probationary period.

If you have been charged or convicted of a DWI, DWAI, Vehicular Assault or Manslaughter in the 1st or 2nd degree twice in the past 10 years (or any combination of the above), you may face a Class D felony.

‘Class D’ DWI Felony Conviction Penalties in NY State

Up to $10,000 in fines,
Up to 7 years in state prison,
5 years of probation,
Revocation of driver’s license for up to 18 months,
Evidence of rehabilitation required by DMV to apply for re-licensing,
Court can revoke your license for at least a year if you are on probation,
$295 surcharge,
$250 driver responsibility assessment for 3 years,
Required attendance at a Victim Impact Panel,
Ignition interlock device must be installed in each automobile you own.

As you can see, DWI defense law is very complex. The more experienced your attorney is in defending DWI cases, the better the outcome is likely to be. Of course, previous outcomes do not guarantee future results as every individual and case is unique. However, the more confidence you have in your attorney, the less stressful the process will be.

A DWI Defense Attorney Can Be Affordable

Our criminal defense attorneys are well-versed in every aspect of DWI law, from the administration of field sobriety tests, to arrest, and on to plea-bargaining, trial and sentencing.

Don’t rush into choosing a DWI or DWAI attorney based on advertising. Take your time to find the attorney that is the right fit for you. Talk with friends and family and do the research. Your future depends on hiring the right attorney for you.

The DWI defense team at Hacker Murphy Law offers compassionate, respectful and affordable legal representation. In fact, our firm has been successfully representing clients in criminal defense matters.

Hacker Murphy also represents clients with the following criminal charges:

Contact us today for a confidential and free, no obligation case analysis. Call (518) 284-3183. We will answer the phone and connect you directly to an attorney within moments, 24 hours a day, 7 days a week, 365 days a year, even on holidays. We are here to help you.

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I wanted to share my experience with Attorney Julie Nociolo. As an international student, I had zero idea about the legal process when I faced an academic integrity case with my university, especially with a prior violation on record. The stakes felt incredibly high. Julie was a lifesaver throughout. Her support, expertise, and quick responses were invaluable. She made sure I understood everything and guided me to a successful outcome. I can't recommend Julie highly enough for anyone needing legal assistance.

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I utilized the services of James Knox to help on a complaint against my license. This was my first time ever needing an attorney and he was open and honest throughout the proceedings. He explained how the process works and made sure I understood each step as it went on. The entire process lasted over 3 years, and James kept in touch with me as updates rolled in. Ultimately I was exonerated and I have James to thank as a big reason why.

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Mr James Knox was my criminal attorney. I made a simple but stupid mistake which unbeknownst to myself, broke the law and was a felony which got reduced to a misdemeanor. He was confident from start to finish that he could keep me out of jail, He did. I ended up paying a fine. I highly recommend this firm and Mr. Knox, especially. He knows what he is doing. He is highly practiced and he cares. He was always happy to speak with me during his months working with me.

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Ms. Julie Nociolo provided exceptional legal representation and demonstrated unparalleled expertise and dedication. Ms. Nociolo possesses a deep understanding of the law, which she leverages with a strategic and thoughtful approach. Her ability to navigate complex legal challenges with ease and confidence was remarkable and gave me a sense of security during a tumultuous time. Ms. Nociolo's commitment to my case was evident in her meticulous attention to detail, thorough preparation, and proactive communication. She consistently kept me informed of developments in my case, ensuring that I was fully aware of my options and the potential implications of each decision. Her guidance was invaluable, enabling me to make informed decisions with a clear understanding of the legal landscape. Moreover, Ms. Nociolo's compassion and empathy provided comfort and support. She recognized the emotional toll legal proceedings can take and went above and beyond to ensure I felt heard, understood, and respected throughout the process. I am deeply grateful for Ms. Nociolo's tireless efforts on my behalf. Her exceptional legal acumen and genuine concern for clients set her apart as a distinguished attorney. I strongly recommend Ms. Nociolo to anyone in need of legal representation. Her expertise, dedication, and compassion are commendable, and I am immensely thankful for her support and guidance.

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Have Questions?

If I hire an attorney but do not want to go to trial, can I settle?

In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
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If arrested, what steps can I take on my behalf?

1. Do not discuss your situation with anyone except your attorney.
2. Unless your attorney says otherwise, do not discuss your case with law enforcement.
3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.
4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
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What is the difference between criminal procedure and civil procedure?

When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
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