How To Tell Whether A DWI Or DUI Will Be Charged As A Misdemeanor Or Felony

Understanding the Difference Between Misdemeanor and Felony DWI/DUI Charges in New York

The Legal Implications of DUI/DWI Offenses

Driving under the influence (DUI) or driving while intoxicated (DWI) are serious offenses in New York State. The consequences of a DWI conviction vary based on the severity of the offense, the driver’s history, and the specific circumstances surrounding the case. In this video, Attorney Randall Inniss provides an in-depth explanation of the differences between misdemeanor and felony DWI charges and what factors influence these classifications.

Misdemeanor vs. Felony DWI: Understanding the Basic Distinctions

DWI is typically charged as a misdemeanor offense in New York. For a first-time offense, if a driver’s blood alcohol content (BAC) is 0.08% or higher, they will likely face a misdemeanor charge. However, certain aggravating factors can elevate the charge to a felony, leading to more severe penalties and long-term consequences.

Circumstances That Can Elevate a DWI to a Felony Charge

Certain conditions can escalate a DWI charge from a misdemeanor to a felony offense. These include:

1. Prior DWI Convictions: If an individual has a prior DWI conviction within the last 10 years, the new charge may be upgraded to a felony.
2. Serious Injury or Death: If the DWI incident results in serious bodily harm or death, the driver may face charges of vehicular assault or vehicular manslaughter.
3. Leandra’s Law: If a driver is arrested for DWI with a passenger under the age of 16 in the vehicle, the offense is automatically classified as a felony.

Aggravated DWI: An Enhanced Misdemeanor Charge

New York also recognizes an aggravated DWI charge, which applies when a driver’s BAC is 0.18% or higher. While this is still considered a misdemeanor, it comes with more severe penalties than a standard DWI, including:

• Longer License Revocation: Instead of a 6-month revocation, an aggravated DWI results in a 1-year license revocation.
• Higher Fines: Fines for aggravated DWI can be significantly steeper than those for standard DWI offenses.
• Mandatory Alcohol Education Programs: Convicted individuals may be required to complete an intensive alcohol rehabilitation program.

Legal Penalties for Misdemeanor and Felony DWI

The penalties for DUI/DWI convictions in New York vary depending on the severity of the charge:

Misdemeanor DWI Penalties:

• Up to 1 year in jail
• Fines between $500 and $1,000
• License suspension of 6 months
• Mandatory alcohol education programs

Felony DWI Penalties:

• Up to 7 years in prison for repeat offenses
• Fines ranging from $2,000 to $10,000
• License revocation for at least 1 year
• Installation of an ignition interlock device on all vehicles owned or operated

The Importance of Legal Representation

Facing a DUI/DWI charge can be overwhelming, but legal representation can make a significant difference in the outcome of your case. Attorney Randall Inniss and The Inniss Firm, PLLC, have the experience and knowledge to defend clients against DUI/DWI charges, ensuring that their rights are protected throughout the legal process.

How Attorney Randall Inniss Can Help

Attorney Randall Inniss has a unique background as both a former New York State Trooper and a seasoned criminal defense attorney. This dual perspective allows him to anticipate the prosecution’s strategy and identify weaknesses in their case. His firm provides the following services:

• Case Evaluation: A thorough review of the charges and evidence against you.
• Challenging the Arrest: Examining whether the traffic stop and subsequent arrest were conducted legally.
• Negotiating Reduced Charges: Working to lower the charges to a non-criminal offense when possible.
• Court Representation: Providing strong legal advocacy in both trial and pre-trial negotiations.

Contact The Inniss Firm, PLLC for DUI/DWI Defense

If you or a loved one has been charged with a DUI/DWI offense in New York, it is essential to seek legal counsel immediately. Contact The Inniss Firm, PLLC today to schedule a consultation and learn how we can help protect your future.