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Friday, September 23, 2016

Felony DWI/DUI Charges In New York

DWI are charges of driving motor vehicles while under the influence of alcohol or other drugs including recreational substances to a level that renders the driver incapable of operating a motor vehicle safely.

What Is A Felony DWI Charge In New York

DUI law is applied to drivers operating non-commercial or commercial vehicles under the influence of drugs or alcohol. In New York, most DUI cases are classified mainly as a misdemeanor charge.

Felony DWI charges, however, are most likely to be imposed on individuals who have committed multiple offenses. However, a gross misdemeanor can be raised to a felony DWI charge if another crime was committed at the time of the DUI arrest. There are a number of situations that could lead to felony DWI charges.

Elevated Blood Alcohol Concentration (BAC)

New York has a 0.08% DWI rule that every driver is obligated to abide by and whoever is intoxicated above that violates the statute.  The BAC percentages are:
  • A Blood Alcohol Content (BAC) of 0.08% or higher or other evidence of intoxication
  • A BAC of 0.04% or higher if you are operating a commercial vehicle, like a truck
  • A BAC of 0.02% or higher if you are younger than 21 years
Most of the times New York commonly will raise a DWI charge to a felony if substance tests reveal that the driver's BAC exceeds these set rules by the law.

DUI/DWI While Driving On A Revoked Or Suspended License

In the instances that a driver's license is revoked, suspended or restricted for other reasons and with the influence of drugs, it will be made a felony charge.

Bodily Harm

A Felony DWI charge also occurs when you cause a direct body injury to another person, though the prosecutor could at times decide if it qualifies to be a felony offense.

Chemical Test Refusal

When you refuse to take the breath, blood or urine tests, you can be convicted of an aggravated DWI. In addition, being charged with DWI/Drug, DWI/combination three or more times in the preceding 15 year period can lead to a class D felony.

If you have been charged with DWI in New York City, reach out to one of our defense lawyers in one of the following locations: 

Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577

Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102

Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797