New York Felony DWI DUI Penalties

In New York, felony DWI / DUI charges generally happen under the following three circumstances:

  1. When the defendant has a previous DWI / DUI conviction within the past 10 years. While there are other circumstances that can lead to felony charges involving a DWI / DUI, this is the most common.
  2. Where the DWI / DUI itself is a misdemeanor but the driver is charged with some other felony, like vehicular manslaughter if someone is killed.
  3. It is now a class “E” felony to drive while intoxicated with a child 15 years of age or younger in the car. In addition, if the defendant is the parent, legal guardian, or custodian of the child in the vehicle, the police MUST file a report with Child Protective Services (CPS).


Felony DWI in New York is much more serious than Misdemeanor DWI, and includes the possibility of state prison time. In New York’s court system, these more serious criminal cases are mostly handled in the higher level courts – Misdemeanors stay in the Criminal Courts, while most of the substantive work in a felony is done in the Supreme Court.

Felony prosecutors tend to be more experienced and more thorough than misdemeanor court prosecutors. They also have fewer cases so they can devote more time to each case. Bottom line….you might want to get the most experienced help you can find.

If you have been charged with Felony DWI/DUI in NY, we urge you to call for a no obligation consultation.

The attorneys with www.newyorkdui.com have handled numerous felony DWI / DUI cases in the New York Supreme Court system. We can defend, advise and counsel you from beginning to end in order to arrive at a satisfactory result of your case.

For some of the most experienced DWI/DUI representation in New York, give us a call. We will not pressure you. We will not play any games. We’ll answer your questions – and ask you a few as well. And if you want us to help….we will.

In the NYC area and Long Island, call us at 212 683 5912.

For WNY & Upstate NY, call 1 800 879 6410.

If the call is long distance, or you live elsewhere in the state, call us for free at 1 800 879 6410.