Felony DWI

Rochester Felony DWI Lawyer

Finding the Right Felony DWI Lawyer in Rochester, NY, for You

Under most circumstances, a drunk driving charge in Rochester, New York, is considered a misdemeanor crime.

However, if certain conditions are met, the state can consider it a felony charge.

Felony convictions provide much harsher penalties than misdemeanors. DWI charges are no exception. If you've been charged, it is time to seek proven legal representation.

At my law firm, I have worked with numerous clients who needed their rights and interests protected and have consistently secured them favorable results. I understand what to look for in this felony DWI cases, how to compellingly argue for a reduction or dismissal on my clients' behalf, and—most importantly—how to secure results.

Do not have to face your New York felony DWI charge alone. Contact our Rochester DWI defense attorney at (585) 928-4193 today. 

What is the Sentence for a Felony DWI in NY?

A DWI can become a felony with previous DWI charges or convictions in New York. A first DWI is usually treated as a misdemeanor, but repeat impaired driving offenses can be charged as felonies. The penalties for a Class E felony DWI conviction include:

  • License revocation for at least one year
  • Probation of 5 years
  • Fines up to $5,000
  • Up to 4 years in State Jail
  • Mandated attendance for a Victim Impact Panel
  • Driver responsibility judgment of $750 ($250 a year for three years)
  • An ignition interlock device must be installed 

When is a DWI a Felony in New York?

A first DWI is considered a misdemeanor in New York State. The punishment includes a substantial fine, mandatory surcharge, license revocation, and possible jail time. Being charged with aggravated DWI is another type of crime.

DWI is a felony in New York when:

  • The driver has another DWI conviction in the last 10 years (second offense)
  • The driver has two other DWI convictions in the last 10 years (third offense)
  • The driver has three other DWI convictions in the last 15 years (fourth offense)
  • There is another passenger in the car under 16 years of age

If any of the above circumstances applies to you, then you could be exposed to serious felony penalties, such as substantial fines and prison time. 

Can a Felony DWI Be Expunged in New York State?

No, a felony DWI cannot be expunged from a New York State criminal record. However, the record may be expunged if the case is dismissed or the accused acquitted. A petition to have records sealed can also be filed ten years after the conviction if no subsequent offenses exist. 

At my firm, our Rochester DWI Lawyer is ready to assess your case and proactively start pursuing any and all avenues towards the best possible outcome.

Pursue aggressive defense for your felony DWI in New York case today. Use this online form to request a free consultation.