Is DWI a Felony in NY?
Direct Answer:
No, DWI (Driving While Intoxicated) is not a felony in New York State, except in certain circumstances. While a DWI conviction can result in severe penalties, including fines, imprisonment, and license suspension, it is typically considered a misdemeanor offense.
What is DWI in New York?
In New York, DWI is defined as operating a motor vehicle while impaired by alcohol or drugs. The state has a per se law, which means that a driver can be charged with DWI if their blood alcohol content (BAC) is 0.08% or higher. Additionally, drivers can be charged with DWI if their ability to operate a vehicle is impaired by the use of drugs or a combination of drugs and alcohol.
DWI Penalties in New York
The penalties for DWI in New York vary depending on the circumstances of the offense. Here are the general penalties for a first-time DWI offense:
- Fines: $500 to $1,000
- Imprisonment: 0 to 1 year
- License Suspension: 6 months to 1 year
- Jail Time: 0 to 1 year
- Community Service: 30 days to 1 year
Aggravated DWI
Aggravated DWI is a more serious offense that carries more severe penalties. Aggravated DWI is charged when a driver’s BAC is 0.18% or higher, or when they have a prior DWI conviction within the past 10 years. The penalties for aggravated DWI are:
- Fines: $1,000 to $2,500
- Imprisonment: 1 to 3 years
- License Suspension: 1 to 3 years
- Jail Time: 1 to 3 years
- Community Service: 1 to 3 years
DWI with a Child Passenger
DWI with a Child Passenger is a more serious offense that carries even more severe penalties. This offense is charged when a driver is found to be impaired by alcohol or drugs and has a child under the age of 15 in the vehicle. The penalties for DWI with a child passenger are:
- Fines: $2,000 to $5,000
- Imprisonment: 3 to 7 years
- License Suspension: 3 to 7 years
- Jail Time: 3 to 7 years
- Community Service: 3 to 7 years
DWI and Felony Charges
In some cases, a DWI offense can be charged as a felony. This typically occurs when a driver is involved in an accident that results in serious injury or death, or when they have a prior felony conviction. Felony DWI charges can carry much more severe penalties, including:
- Fines: $5,000 to $10,000
- Imprisonment: 3 to 7 years
- License Suspension: 3 to 7 years
- Jail Time: 3 to 7 years
- Community Service: 3 to 7 years
Conclusion
In conclusion, while DWI is not a felony in New York State, except in certain circumstances, it is still a serious offense that can result in severe penalties. It is important for drivers to understand the laws and penalties surrounding DWI in New York to avoid the consequences of a DWI conviction.
Table: DWI Penalties in New York
| Offense | Fine | Imprisonment | License Suspension | Jail Time | Community Service |
|---|---|---|---|---|---|
| DWI | $500-$1,000 | 0-1 year | 6 months-1 year | 0-1 year | 30 days-1 year |
| Aggravated DWI | $1,000-$2,500 | 1-3 years | 1-3 years | 1-3 years | 1-3 years |
| DWI with Child Passenger | $2,000-$5,000 | 3-7 years | 3-7 years | 3-7 years | 3-7 years |
Bullets: Key Points to Remember
- DWI is not a felony in New York State, except in certain circumstances.
- The penalties for DWI in New York vary depending on the circumstances of the offense.
- Aggravated DWI is a more serious offense that carries more severe penalties.
- DWI with a child passenger is a more serious offense that carries even more severe penalties.
- Felony DWI charges can carry much more severe penalties.
