New York City Felony DWI Attorney
Overview of Felony DWI Charges in Queens, Brooklyn and Manhattan
Driving while intoxicated, or
DWI, is a grave offense that New York City law enforcement takes every seriously.
Though most drivers arrested for DWI face misdemeanor charges, some may
be charged with felonies and therefore face greatly enhanced
penalties and lasting consequences of a conviction. A criminal defense firm representing
clients across all five NYC boroughs, Musa-Obregon & Associates is
committed to providing the aggressive defense required in the face of
felony DWI charges. If you have been arrested, now is the time to contact
a Queens DWI attorney.
Felony DWI charges most often apply to drivers with
prior convictions on their records or who have caused serious auto accidents. Challenging
these charges is complex and requires the resources and manpower to build
the most effective defense based on the unique circumstances surrounding
the case. It also requires tenacity, as prosecutors are likely to aim
for maximum penalties. Fortunately, the firm is prepared to provide this
level of counsel.
We represent clients facing DWI charges throughout all of New York, including
Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.
When DWI Charges Are Classified as Felonies
DWI, often referred to as DWI or driving under the influence in other states,
may be classified as a felony under New York law in the following situations:
- Second DWI, DWAI-drug (driving while ability impaired by drugs) or aggravated
DWI offense (involving a blood alcohol concentration, BAC, of .18% or
greater) in 10 years – class E felony, punishable by up to 5 years
in prison, fine of up to $5,000 and license revocation for at least 12
or 18 months.
- Third DWI, DWAI-drug or aggravated DWI offense in 10 years – class
D felony, punishable by up to 7 years in prison, fine of up to $10,000
and license revocation for 12-18 months.
- Aggravated DWI with a child in the vehicle – class E felony, under
Leandra's Law, punishable by up to 4 years in prison.
- Vehicular assault in the second degree (causing serious physical injury
to another person by causing an auto accident while DWI) – class
E felony, punishable by up to 4 years in prison.
- Vehicular assault in the first degree (committing second degree vehicular
assault while with a BAC of .08% or greater, causing serious physical
injury to more than one person, causing serious physical injury to a child
that was in the vehicle with the offender, or with a previous DWI conviction)
– class D felony, punishable by up to 7 yeras in prison.
- Aggravated vehicular assault (vehicular assault in the first degree, with
the addition of reckless driving) – class C felony, punishable by
up to 15 years in prison.
- Vehicular manslaughter in the second degree (causing the death of another
person while DWI) – class D felony, punishable by up to 7 years
- Vehicular manslaughter in the first degree (second degree vehicular manslaughter
with a BAC of .18% or greater, causing the deaths of more than one person,
causing the death of a child that was in the vehicle with the offender,
or with a previous DWI conviction) – class C felony, punishable
by up to 15 years in prison.
The specific charges and penalties that a defendant faces may vary depending
on the unique circumstance surrounding his or her case; the court may
have some discretion in sentencing.
Avoid Serious Penalties with a NYC DWI Lawyer
If you are convicted of a felony DWI offense in New York, you may face
years in state prison. Vehicular manslaughter in the first degree may
be punishable by up to 15 years in prison. Even a second DWI offense may
be punishable by 5 years in prison. When your freedom is on the line,
trust a firm led by a former prosecutor who understands how the other
side thinks and works. This insight can prove invaluable when challenging
felony charges for DWI, whether you are in New York City or Queens.