Felony DWI Lawyer Queens
Overview of Felony DWI Charges in Queens, Brooklyn and Manhattan
Driving while intoxicated, or DWI, is a grave offense that New York City law enforcement takes every seriously. Though most drivers arrested for DWI face misdemeanor charges, some may be charged with felonies and therefore face greatly enhanced penalties and lasting consequences of a conviction. A criminal defense firm representing clients across all five NYC boroughs, Musa-Obregon Law PC is committed to providing the aggressive defense required in the face of felony DWI charges. If you have been arrested, now is the time to contact a Queens felony DWI attorney.
Felony DWI charges most often apply to drivers with prior convictions on their records or who have caused serious auto accidents. Challenging these charges is complex and requires the resources and manpower to build the most effective defense based on the unique circumstances surrounding the case. It also requires tenacity, as prosecutors are likely to aim for maximum penalties. Fortunately, the firm is prepared to provide this level of counsel.
What Makes a DWI a Felony in NY?
DWI, often referred to as DWI or driving under the influence in other states, may be classified as a felony under New York law in the following situations:
- Second DWI, DWAI-drug (driving while ability impaired by drugs) or aggravated DWI offense (involving a blood alcohol concentration, BAC, of .18% or greater) in 10 years – class E felony, punishable by up to 5 years in prison, fine of up to $5,000 and license revocation for at least 12 or 18 months.
- Third DWI, DWAI-drug or aggravated DWI offense in 10 years – class D felony, punishable by up to 7 years in prison, fine of up to $10,000 and license revocation for 12-18 months.
- Aggravated DWI with a child in the vehicle – class E felony, under Leandra's Law, punishable by up to 4 years in prison.
- Vehicular assault in the second degree (causing serious physical injury to another person by causing an auto accident while DWI) – class E felony, punishable by up to 4 years in prison.
- Vehicular assault in the first degree (committing second degree vehicular assault while with a BAC of .08% or greater, causing serious physical injury to more than one person, causing serious physical injury to a child that was in the vehicle with the offender, or with a previous DWI conviction) – class D felony, punishable by up to 7 years in prison.
- Aggravated vehicular assault (vehicular assault in the first degree, with the addition of reckless driving) – class C felony, punishable by up to 15 years in prison.
- Vehicular manslaughter in the second degree (causing the death of another person while DWI) – class D felony, punishable by up to 7 years in prison.
- Vehicular manslaughter in the first degree (second degree vehicular manslaughter with a BAC of .18% or greater, causing the deaths of more than one person, causing the death of a child that was in the vehicle with the offender, or with a previous DWI conviction) – class C felony, punishable by up to 15 years in prison.
The specific charges and penalties that a defendant faces may vary depending on the unique circumstance surrounding his or her case; the court may have some discretion in sentencing.
Avoid Serious Penalties with a NYC Felony DWI Lawyer
If you are convicted of a felony DWI offense in New York, you may face years in state prison. Vehicular manslaughter in the first degree may be punishable by up to 15 years in prison. Even a second DWI offense may be punishable by 5 years in prison. When your freedom is on the line, trust a firm led by a former prosecutor who understands how the other side thinks and works.