When an individual is convicted of driving while intoxicated (DWI), it may be considered a felony or a misdemeanor. Regardless of the crime, misdemeanors and felonies have serious consequences. Depending on the state, a DWI first offense is typically a misdemeanor. However, individuals facing a second DWI conviction are looking at a felony. If you have been convicted of a second DWI offense, contact one of our qualified and determined Garden City, NY Second DUI/DWI Offense Attorneys Our firm is devoted to helping our clients.
When is a DWI considered a felony in NY?
In New York, first-offense DWIs are considered misdemeanors, however, future convictions will result in felony charges. A second conviction that occurred within ten years of the first DWI charge will be considered a Class E felony. The penalties individuals face for felony convictions are extremely serious. The potential penalties include:
- Revocation of their standard driver’s license
- Hefty fines (up to $5,000)
- Possibly court fines
- Enrollment in a court-approved substance driving program
- Jail time (up to 4 years)
The potential repercussions of a felony DWI are serious. In the state of New York, individuals are required by law to submit to chemical testing if a police officer reasonably suspects they are driving while under the influence of illegal substances. When an individual gets behind the wheel, they are giving prior consent. If this is an individual’s second time refusing a chemical test (blood, urine, or breathing), they will face serious consequences. Under New York’s implied consent laws, individuals must provide a chemical test to determine their blood alcohol content (BAC).
Should I consult a criminal defense attorney?
It is imperative for individuals who have been convicted of a felony DWI to contact a skilled and knowledgeable criminal defense attorney. It is important because an attorney can help defend an individual’s rights and interests. Depending on the circumstances of the case, there may be potential defenses to a DWI charge. Some of those defenses include:
- Lack of probable cause
- Faulty breathalyzer
- Tainted chemical test results
- If applicable, any health conditions that imitate DWI warning signs
- May include diabetes, heart conditions, or hypoglycemia
- Failure to inform individuals of their rights
- Miranda rights issue
Under certain circumstances, individuals are wrongfully convicted of a DWI. A breathalyzer machine may not have been maintained or was improperly administered. A law enforcement officer may have pulled an individual over without probable cause as well as neglected to read an individual their Miranda rights. Whatever the case may be, our exceptional attorneys can help you prove a DWI defense.
If you have been convicted of felony DWI, get in touch with one of our devoted and adept team members. With years of experience, our firm can help defend your rights. We are ready to fight on your behalf today.