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Felony DWI DUI FAQ

 

What is a Felony DWI in New York State?

A felony DUI in New York State occurs when a person is charged with DWI within 10 years of a prior DWI misdemanor conviction. The second DWI is legally charged as a felony.


Is there s difference between DUI and DWI in New York State?

No. These terms are used interchangeably.

What are the consequences of a Felony DWI conviction?


The resulting consequences may include jail time, prison time, probation, fines, loss of license, alcohol courses, and counseling.


How can a felony dui conviction affect mey life?

A felony conviction in New York is permanent. It cannot be expunged after a certain amount of time. Therefore, as a convicted felon you may not be able to vote, hold state jobs, or be eligible for government aid. In addition, should you be convicted a third time of a felony, you face mandatory jail time.


How do the Courts view Felony DWI cases?


The problem is that on your second DUI charge, a judge may feel like you are a menace on the roads because now you are showing patterns of the same crime. The key is to get the Court to understand that this is not a way of life for you and you are not a danger to the community.


What is the most I face on a felony DWI conviction?

1to 3 years in state prison.