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Friday, October 20, 2017

The Difference Between A Felony DUI & Misdemeanor DUI In New York

The first thing that many drivers arrested on DUI charges worry about are the legal repercussions of a drunk driving conviction in the State of New York.
  • Is A DWI Considered A Felony Crime In New York?
  • Do I Have To Go To Jail If I Am Convicted?
  • Will This Be On My Record Forever?

Felony Crimes Vs Misdemeanors Offenses

Most minor offenses are classified as misdemeanors in New York. A court may sentence an individual convicted of a misdemeanor offense to a maximum of one year in jail or three years of probation. 

A felony, on the other hand, is a crime that is much more serious than a misdemeanor and typically results in sentencing with much harsher penalties. Felonies are crimes that are punishable by death or imprisonment in excess of one year.

Is A DUI A Felony?

In the State of New York some DWI charges are classified as felonies while others are not.

The difference between a felony DUI and a misdemeanor DUI in New York depends on a few factors:
  1. Any prior DWI convictions
  2. The amount of time since the last DUI conviction
All first offense DUI charges are classified as misdemeanor offenses, but a second offense DUI conviction can be classified as a felony crime if an individual was convicted of a prior DUI offense within ten years of the date of arrest for the latest DUI charge.

Furthermore, there are several different classes of felony crimes which carry varying penalties. For example, a second offense DUI conviction within ten years of a prior conviction will face "class E felony" charges in New York.

Individuals convicted of a third offense DWI conviction within ten years of their two prior DUI-related convictions will face class D felony charges.

You can visit DUI Legal NY to learn more about felony DUI charges in New York.

Were You Arrested For Drunk Driving in the State of New York?

it doesn't matter if this is your first time being arrested on DUI charges or your fifth because any DUI charge is a serious matter. At DUI Legal NY our team of attorneys fight aggressively to defend the rights of drivers facing DWI charges in New York.

Contact one of our local offices today to get a free consultation on your legal rights after a DUI-related arrest.

If you were arrested driving while intoxicated in Westchester County, contact the following office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If you were stopped and arrested in Queens, NY you can contact one of our local DWI lawyers at this office: 

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770 

Finally, if your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604