What are the penalties for a Felony DWI Conviction?

“Felony" means an offense for which a term of imprisonment over one year may be imposed.

All of the most serious crimes are felonies and are divided into classes from A to E. A Felony DWI charge will be filed as either a class D or E depending on the circumstances.

A class D felony may be charged for any person who operates a vehicle in violation of the New York State DWI laws after having been convicted of driving while intoxicated or of vehicular assault or vehicular manslaughter at least twice within the preceding 10 years. If convicted, a driver can be punished by a term of incarceration of up to seven years and/or a fine of $2,000-$10,000 and a mandatory license revocation of one year. There is an optional registration suspension for the same period of time.

A class E felony may be charged for any person who operates a vehicle in violation of the New York State DWI laws after having been convicted of driving while intoxicated or of vehicular assault or vehicular manslaughter at least once within the preceding 10 years. If convicted a driver can be punished by a term of incarceration of up to seven years and/or a fine of $1,000-5,000 and a mandatory license revocation of one year. There is an optional registration suspension for the same period of time.

Even a first time offender (someone without any convictions) can be charged with a felony DWI if a child under 16 years of age is a passenger in the motor vehicle at the time of the arrest.

Any conviction for Driving While Intoxicated whether felony or misdemeanor must also include the installation and compliance with an ignition interlock device for the duration of the sentence and for no less than six months.