Criminal Defense
Can You Be Arrested for Felony DUI in New York?
max@dotcomlawyermarketing.com
Legal Expert
6 min read
Updated: Sep 6, 2025
Can You Be Arrested for Felony DUI in New York?
Understanding DWI vs DUI in New York
In everyday conversation, people often use the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) interchangeably. However, legally, New York law does not specifically recognize DUI as a legal term. Attorneys and judges commonly refer to cases involving impaired driving as DWI cases.DWI refers to cases where individuals operate a vehicle while impaired by alcohol, with a blood alcohol content (BAC) of at least 0.08%, which is the legal limit for driving while intoxicated in New York. On the other hand, DUI is a more general term used in other states to describe impaired driving.At Spodek Law Group, our experienced DWI attorneys understand the nuances of New York's impaired driving laws. We know that facing a DWI charge can be overwhelming and scary. That's why we're here to help guide you through the process and fight for your rights.When Does a DWI Become a Felony in New York?
While a first-time DWI offense is typically charged as a misdemeanor in New York, there are certain circumstances where a DWI can be elevated to a felony charge. Here are some situations where you could face felony DWI charges:- Prior DWI Convictions: If you have a prior DWI conviction within the last 10 years, a subsequent DWI arrest can be charged as a felony. A second DWI within 10 years is a Class E felony, while a third DWI within 10 years is a Class D felony.
- Aggravated DWI: If your BAC is 0.18% or higher, you can be charged with Aggravated DWI, which carries harsher penalties than a standard DWI. A second Aggravated DWI within 10 years is a Class E felony.
- DWI with a Child in the Vehicle: If you are arrested for DWI with a child under 16 years old in the vehicle, you can be charged with Aggravated DWI with a Child Passenger (Leandra's Law), a Class E felony.
- DWI Causing Injury or Death: If your impaired driving causes serious injury or death to another person, you could face felony charges such as Vehicular Assault or Vehicular Manslaughter.
Penalties for Felony DWI in New York
The penalties for a felony DWI conviction in New York are much more serious than those for a misdemeanor DWI. Here are some of the potential consequences you could face:| Violation | Mandatory Fine | Maximum Jail Term | Mandatory Driver License Action |
|---|---|---|---|
| Second DWI within 10 years (E felony) | $1,000 - $5,000 | 4 years | Revoked for at least 1 year |
| Third DWI within 10 years (D felony) | $2,000 - $10,000 | 7 years | Revoked for at least 1 year |
| Second Aggravated DWI within 10 years (E felony) | $1,000 - $5,000 | 4 years | Revoked for at least 18 months |
| Aggravated DWI with a Child (E felony) | $1,000 - $5,000 | 4 years | Revoked for at least 1 year |
Defending Against Felony DWI Charges
If you've been arrested for felony DWI in New York, it's crucial to have an experienced DWI defense attorney on your side. At Spodek Law Group, we have a track record of success in defending clients against even the most serious DWI charges.Our defense strategies may include:- Challenging the legality of the traffic stop
- Questioning the accuracy of field sobriety tests or breathalyzer results
- Investigating whether proper testing procedures were followed
- Negotiating with prosecutors for reduced charges or alternative sentencing options
- Presenting mitigating factors to the court
Why Choose Spodek Law Group?
At Spodek Law Group, we understand the stress and anxiety that comes with facing felony DWI charges. Our compassionate attorneys will be by your side every step of the way, providing the guidance and support you need during this difficult time.We have a proven track record of success in handling complex DWI cases, including felony charges. Our team includes former prosecutors who know how the other side thinks and can anticipate their strategies.We also offer:- 24/7 availability to answer your questions and address your concerns
- Free initial consultations to discuss your case
- Affordable payment plans to help manage the costs of your defense
- A commitment to providing aggressive, personalized representation
Frequently Asked Questions
Can I refuse a breathalyzer test if pulled over for suspicion of DWI in NY?
While you can refuse a breathalyzer test, there are consequences. New York has an "implied consent" law, meaning that by driving on NY roads, you have implicitly consented to chemical tests if suspected of impaired driving. Refusing the test can result in license suspension and fines, separate from any criminal DWI charges.Will I automatically lose my license if arrested for felony DWI?
In most cases, yes. For felony DWI charges like a second or third DWI within 10 years, or Aggravated DWI with a child passenger, your license will be revoked for at least 1 year upon conviction. However, our attorneys may be able to help you obtain a conditional license or hardship privileges so you can drive to work or school while your case is pending.How long does a felony DWI stay on my record in NY?
A felony DWI conviction will remain on your criminal record permanently unless you get the conviction expunged or sealed, which is very difficult to do. It will also stay on your driving record for up to 15 years, which can impact your insurance rates and ability to drive commercially.Can I get a felony DWI charge reduced?
In some cases, yes. Depending on the circumstances of your case and your prior record, our skilled negotiators at Spodek Law Group may be able to get your felony DWI charge reduced to a misdemeanor or lesser offense. We'll thoroughly review the evidence and work tirelessly to achieve the best outcome possible.Don't let a felony DWI charge ruin your life. Contact the experienced New York DWI defense attorneys at Spodek Law Group today for a free consultation. We're here to fight for you.As Featured In
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