Is a DWI a Felony in NY?
In the state of New York, driving while impaired (DWI) by alcohol or drugs is taken very seriously. While some DWI charges may carry more severe penalties than others, the question remains: Is a DWI a felony in NY?
**Answer: No
In New York, driving while impaired (DWI) is typically considered a misdemeanor offense, not a felony. However, there are certain circumstances in which a DWI charge can be elevated to a felony.
Classifications of DWI Offenses in NY
To understand the severity of a DWI charge in New York, it’s essential to know the different classifications of DWI offenses. The state has three categories of DWI offenses, each with its own penalty structure:
- DUI (Driving Under the Influence): This offense is typically charged when the driver’s blood alcohol concentration (BAC) is between 0.08% and 0.19%.
- AGG-DWI (Aggravated Driving While Impaired): This offense is charged when the driver’s BAC is 0.18% or higher, or when the driver has a prior DWI conviction within the past five years.
- LEAG-DWI (League Enh. AGG DWI): This offense is the most severe and is typically charged when the driver has a prior DWI conviction within the past 10 years, or when there were children under the age of 16 in the vehicle.
Felony Enhancement
While a standard DWI charge is a misdemeanor, there are certain circumstances in which a DWI charge can be elevated to a felony. These felony enhancements include:
- Prior Felony Convictions: If the driver has a prior felony conviction (not just a DWI), the current DWI charge can be elevated to a felony.
- Serious Injury or Fatality: If the DWI incident results in serious injury or fatality to another person, the driver can face a felony charge.
- Refusing a Chemical Test: In some cases, refusing to take a chemical test can result in a felony enhancement.
Penalties for DWI in NY
The penalties for a standard DWI charge in NY can be severe, especially for repeat offenders. Here are the typical penalties for a standard DWI charge:
| Category | Fine | Jail Time | License Suspension |
|---|---|---|---|
| 1st Offense (DUI) | Up to $500 | None | 90 days to 1 year |
| 1st Offense (AGG-DWI) | Up to $500 | Up to 180 days | 1-3 years |
| Repeat Offender (DUI) | Up to $1,000 | None | 1-5 years |
| Repeat Offender (AGG-DWI) | Up to $1,000 | Up to 1 year | 2-6 years |
Felony DWI Penalties in NY
If a DWI charge is elevated to a felony, the penalties are significantly more severe:
| Category | Fine | Jail Time | License Suspension |
|---|---|---|---|
| Felony DWI with Prior Felony Convictions | Up to $1,000 | 4-8 years | Indefinite |
| Felony DWI with Serious Injury or Fatality | Up to $5,000 | 5-15 years | Indefinite |
| Felony DWI with Refusing a Chemical Test | Up to $2,500 | 2-8 years | Indefinite |
Conclusion
While a standard DWI charge in NY is typically considered a misdemeanor, there are certain circumstances in which the charge can be elevated to a felony. It’s essential to understand the potential penalties and consequences of a DWI charge, even if it’s not considered a felony. If you’ve been charged with DWI in NY, consult with an experienced attorney who can help you navigate the legal system and protect your rights.
Additional Information
- DWI Laws in NY: [www.ny.gov/rights/dwi-laws]
- PENAL LAW ARTICLE 71: [nycourts.gov/library/law/pdfs/part-71.pdf]
Note: The information contained in this article is subject to change and may not reflect the most up-to-date laws and regulations in NY. It’s recommended to consult with an experienced attorney or legal professional for any legal matters.
