When can a New York DWI lead to felony charges?

Driving while intoxicated (DWI) charges are somewhat common. Many people face misdemeanor charges after a drunk driving arrest. People may be dismissive about the impact of misdemeanor charges and may plead guilty instead of taking the case to trial.

Their perspective could shift if the state brings a felony DWI charge against them instead. There are a handful of scenarios in which felony charges are possible in a DWI case. Defendants then face more serious penalties and a lifetime with a felony criminal record.

When can drunk driving become a felony offense in New York?

When the driver has prior convictions

A prior DWI from within the last decade is an aggravating factor in a DWI case. Prosecutors can bring felony charges against those who have a previous conviction from within the last 10 years.

When a driver has children in the vehicle

The state may pursue felony charges against motorists who endangered a passenger under the age of 16 by driving drunk. Young people generally cannot prevent caregivers or parents from transporting them after drinking and may not even realize that the adult is not safe to drive. They cannot advocate for themselves the way that older passengers can.

When others get hurt

If a DWI incident results in a crash, the felony charges could follow. State law allows for felony charges when drunk drivers injure others or cause fatal collisions.

Other aggravating factors, including having exceptionally high alcohol levels, may also lead to felony DWI charges and enhanced penalties.

Fighting back against DWI charges requires an understanding of the law and an evaluation of the state’s case. Those facing felony charges have had extra incentive to partner with a criminal defense attorney instead of pleading guilty.

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