On Long Island, NY getting convicted of Driving While Intoxicated (DWI) can result in severe penalties. As a state with one of the toughest DWI laws, New York drivers can face steep fines, suspension or revocation of their licenses, and a possible prison sentence. It is important to get the assistance of an experienced Long Island DWI attorney who can help you understand your rights and represent your best interests.
Edward Palermo, a top-rated Long Island DWI attorney, has helped represent the rights of Suffolk County and Nassau County residents with complex DWI/DUI cases on Long Island. He has a long-standing record of successfully defending his clients and providing quality legal advice on matters of DWI/DUI and criminal defense. Contact Edward Palermo Criminal Defense today at (516) 280-2160 or (631) 265-1052 to schedule a free initial consultation on your case.
There are a lot of alcohol-related driving offenses under New York law. It can be very confusing to try and remember each one but as a simple answer to the question of whether DWI is a felony on Long island: it depends. Each DWI case is different and the different circumstances of a case can determine whether it will carry felony charges. Understanding the anatomy of a DWI case will help us determine what are the aggravating and mitigating factors involved in alcohol-related offenses on Long Island.
To understand how alcohol-related charges like DWI work on Long Island, it is important to first gain insight into what a per se DWI charge means. A per se DWI charge means that you were operating a motor vehicle with a blood alcohol content (BAC) of .08 percent. Having a BAC of .08 is considered legally drunk in New York.
A conviction of a first-offense DWI can lead to the following penalties:
Successive convictions of a DWI especially when one already has a previous conviction of an alcohol-related offense (except a DWAI) within the past ten years can lead to a felony DWI conviction. A felony DWI is one of the most severe alcohol-related offenses in New York, carrying a Class E felony charge. A person convicted of felony DWI can face the following penalties:
However, a person can be subject to harsher penalties depending on the number of prior convictions they have and how often they occurred over a specific time frame.
Compared to a per se DWI, drivers found to have been operating a vehicle with a BAC of 0.18, meaning over twice the legal limit of .08 are charged with Aggravated DWI. A first-offense Aggravated DWI conviction is considered a misdemeanor and can carry the following penalties:
If a driver commits the same offense within 10 years of a prior conviction, they may be charged with a Class E felony Aggravated DWI which carries the following penalties:
Hiring an experienced Long Island DWI attorney is crucial in building a strong legal defense and ensuring the best possible outcome in your case.
A third conviction of Aggravated DWI in ten years carries a Class D felony charge and the following penalties:
There is an additional variation to the Aggravated DWI charge wherein a minor is in the car as a passenger. If a driver is found to be operating a vehicle with a BAC of .08 (DWI) or their faculties are otherwise impaired by alcohol (DWAI) while a minor under the age of 16 is present in the vehicle, the driver could be charged with Aggravated DWI – Child in Car also called Leandra’s Law.
Conviction of an Aggravated DWI – Child in Car charge, even for a first-time offense is a Class E felony. Penalties can include the following:
The charges escalate significantly if the driver is involved in an accident and the child sustains a serious injury or dies as a result of the impaired driving:
Regardless of the charges, even for a first offense DWI, a conviction can have a significant impact on a person’s life. If you have been charged with a DWI in Nassau County or Suffolk County or anywhere on Long Island, getting the help of a qualified Long Island DWI attorney should be your priority.
At Edward Palermo Criminal Defense, top-rated DWI attorney Edward Palermo has handled hundreds of DWI/DUI cases and successfully defended the rights of Long Island residents charged with alcohol-related traffic offenses. Our skilled Long Island DWI attorneys work diligently to provide quality legal representation and to build a customized defense strategy to provide clients with the best possible outcome for their cases.