In New York, whether a DWI (Driving While Intoxicated) is classified as a felony depends on the specific circumstances of the case and your prior DWI history.
- First-time DWI offense: A first-time DWI with a Blood Alcohol Content (BAC) of 0.08% or higher but less than 0.18% is usually considered a misdemeanor, not a felony. A first-time Aggravated DWI offense with a BAC of 0.18% or higher is also typically classified as a misdemeanor.
- Repeat offenses: If you are convicted of a DWI within ten years of a previous DWI or DWAI (Driving While Ability Impaired) conviction, the new offense is treated as a repeat offense and is classified as a felony. A second DWI offense within ten years is a Class E felony, and a third DWI offense within ten years is a Class D felony.
The specific classification of a DWI offense in your case depends on the details of your situation, your driving history, and other factors.
There are four ways to be charged with a felony DWI in NY. First, an individual commits a misdemeanor DWI offense under Vehicle and Traffic Law Section 1192 (excluding Vehicle and Traffic Law 1192(1) DWAI) AND there is a child in the vehicle under the age of sixteen, this is commonly referred to as an Aggravated “Leandra’s Law” DWI. A “Leandra’s Law” DWI is a class E felony in New York.
The second way to be charged with a felony DWI in NY is when an individual commits a misdemeanor DWI offense under Vehicle and Traffic Law Section 1192 (with the exception of Vehicle and Traffic Law 1192(1) DWAI) AND they have been previously convicted of a DWI offense under Vehicle and Traffic Law Section 1192 (with the exception of Vehicle and Traffic Law 1192(1) DWAI) OR a Vehicular Assault , Vehicular Manslaughter, or other Vehicular Homicide within the preceding 10 years. This type of felony DWI is also a class E Felony in NY.
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The third way an individual can be charged with a felony DWI in NY is when an individual commits a misdemeanor DWI offense under Vehicle and Traffic Law Section 1192 (with the exception of Vehicle and Traffic Law 1192(1) DWAI) AND they have been previously convicted of a DWI offense under Vehicle and Traffic Law Section 1192 (with the exception of Vehicle and Traffic Law 1192(1) DWAI) OR a Vehicular Assault, Vehicular Manslaughter , or other Vehicular Homicide twice within the preceding 10 years. This is a class D felony in NY.
The fourth way an individual can be charged with a felony DWI in NY is when an individual commits a misdemeanor DWI offense under Vehicle and Traffic Law Section 1192 (with the exception of Vehicle and Traffic Law 1192(1) DWAI) AND they have been previously convicted of a DWI offense under Vehicle and Traffic Law Section 1192 (with the exception of Vehicle and Traffic Law 1192(1) DWAI) OR a Vehicular Assault , Vehicular Manslaughter , or other Vehicular Homicide three times within the preceding 15 years. This is a class D felony in NY.
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