Most New York drivers understand the basics of DWI laws: If you are 21 or older, and police catch you driving with a BAC of .08 percent or higher, then you will face charges. In certain situations, though, driving while intoxicated is considered a felony offense. If you are facing these charges, then you should contact a DWI defense attorney as soon as possible.
Many first-time offenders face misdemeanor charges, which come with a lighter sentence compared to repeat offenders. However, having repeat convictions is not the only way a DWI can become a felony charge. These include driving with a particularly high BAC, committing vehicular assault, driving on a suspended license or committing a DWI with children in the vehicle.
If you were arrested for DWI in New York, then Darren DeUrso, Attorney at Law may be able to help. Mr. DeUrso is a White Plains DWI defense attorney who can prepare an aggressive defense against your charges.
With the right approach, it may be possible to convince the courts to reduce the charges or penalties, or to dismiss the charges altogether. Call us today at 914-772-8614 to schedule a consultation.
In the meantime, read on to learn five factors that may result in felony DWI charges:
- High Blood Alcohol Concentration
According to the Department of Highway Safety and Motor Vehicles, police will arrest you for DWI if you are driving and your blood alcohol concentration is 0.08 percent or higher. If your BAC .18 or higher, then you may be convicted of aggravated DWI, which is a felony charge.
- Prior DWI Convictions
Each time a judge convicts you for driving while intoxicated, you can expect to receive a harsher sentence. If you commit multiple offenses and have prior convictions, then you increase the chance that you will face felony DWI charges.
- Vehicular Assault
If your driving causes serious bodily harm to a person while you are intoxicated, then you could face felony charges. These offenses include vehicular assault and aggravated vehicular assault. You may face these charges if you injure other drivers, passengers or pedestrians. If a victim dies, then you may face harsher penalties.
- DWI Involving Children
The state of New York takes DWI offenses with children in the car very seriously. If police arrest you for DWI with minors in the vehicle, then you may face felony DWI charges and a potentially severe fine or jail sentence. The penalties will be worse if your driving injures a child passenger.
- DWI on a Suspended License
If you commit a DWI offense after the state has suspended your license for a prior misdemeanor or felony, then you may also face felony charges and a harsh sentence.
If you are facing DWI charges, then contact Darren DeUrso, Attorney at Law. As a White Plains DWI attorney, Mr. DeUrso can help you navigate the legal system and avoid mistakes that could compromise your interests. Call us today at 914-772-8614 to schedule a consultation.