In New York, whether a DWI (Driving While Intoxicated) charge is classified as a misdemeanor or a felony depends on several factors, including your previous DWI convictions and the specific circumstances of the offense. New York has different degrees of DWI offenses, each with its own set of penalties:
- DWAI (Driving While Ability Impaired): DWAI is a traffic violation, not a crime, and it is the least severe offense. It typically involves a blood alcohol level (BAC) between 0.05% and 0.07% or other evidence of impairment. DWAI is a violation, not a misdemeanor or felony.
- DWI (Driving While Intoxicated): A first-time DWI offense in New York is usually classified as a misdemeanor. However, if you have a prior DWI conviction within the last ten years, the second DWI offense is also a misdemeanor. A misdemeanor DWI carries penalties such as fines, license suspension, probation, and potential jail time.
- Aggravated DWI: Aggravated DWI in New York is a more serious misdemeanor charge. It typically applies when a person’s BAC is 0.18% or higher. Penalties for aggravated DWI can include higher fines and more extended license suspensions.
- Felony DWI: DWI can become a felony offense in New York under certain circumstances. For example, a DWI can be charged as a felony if you have two or more prior DWI convictions within the past ten years, or if you have a prior felony DWI conviction. Felony DWI carries more severe penalties, including the possibility of significant prison time.
In summary, a first-time DWI offense in New York is typically classified as a misdemeanor. However, it’s important to note that subsequent DWI offenses, DWIs with high BAC levels, and DWIs involving aggravating factors can result in more severe charges and penalties, including felony charges.
Call or text 800-394-1100 or complete a Free Case Evaluation form
