New York DWI Felony vs Misdemeanor

Depending on the circumstances of your New York driving while intoxicated (DWI) case, you may be charged with a misdemeanor or felony offense. If you are unsure of which charge you are currently facing, you should speak with an experienced New York DWI defense attorney to learn more about the laws in your area.

The main difference between a felony and a misdemeanor offense is where you are incarcerated. For a misdemeanor offense, you may be sentenced to no more than one year in a county jail. However, for a DWI felony offense, you may be sentenced to a year or more in a state prison.

Felons also face restrictions for the rest of their lives—they may be prohibited from owning firearms or from working at schools or government agencies. Because criminal records can be easily accessed by third parties, a person with a DUI felony on his or her record may have problems applying for jobs, housing, or even loans.

In the case of a first-time offense, you will more than likely be charged with a DWI misdemeanor. The penalties for this offense could include up to a year in jail, fines, probation, and a driver’s license revocation.

You may be charged with a felony depending on the number of prior offenses on your record, your blood alcohol content level, or if you caused property damage or personal injury while impaired. In New York, a second DUI offense may be charged as a felony, though a skilled DWI attorney may be able to have it reduced to a misdemeanor offense.

If a drunk-driving accident results in severe injury or death, the driver may be charged with reckless homicide or vehicular homicide. This felony offense is punishable by time in prison.

Whether you are charged with a DWI misdemeanor or felony offense, you could face increased insurance costs. In some cases, your insurance provider may decide to cancel your policy altogether.

If you are facing DWI charges, you should speak with an experienced attorney. Your attorney can explain the penalties you could face for a misdemeanor or felony conviction. Please enter your case information in our online form, and a DWI defense attorney will contact you soon to discuss your charges.