While New York law is harsh for all drunk drivers, it is even tougher for those who commit a second offense within ten years of their first. In fact, a second DWI conviction ups the charges from a misdemeanor crime to a felony DWI. You can be charged with a Queens Felony DWI if you have been convicted of a DWI or DWAI within the last ten years. The penalties and fines for a felony DWI offense are far more serious than they are for a first-time drunk driving offense.
Felony DWI Penalties for Repeat Offenders
The penalties for someone who has had a DWI conviction in the last ten years include-
- Fines between $1,000 and $5,000
- A prison sentence of up to 4 years
- A minimum license revocation of 1 year
- Mandatory installation of an ignition interlock device for a minimum of 6 months
- 5 years of probation
If you have had more than one DWI conviction in the last ten years, then the fines and penalties may be enhanced to include –
- Fines of up to $10,000
- A jail sentence of up to 7 years
- An 18-month minimum license revocation
- Mandatory installation of an ignition interlock device
- Five years of probation
- Alcohol rehabilitation before license reinstatement
You can also be charged with a felony DWI in Queens if you have a passenger under the age of 16 in your vehicle while driving intoxicated and if you have prior vehicular assault, homicide, or manslaughter convictions in the last ten years. A felony DWI will remain part of your criminal record and can seriously interfere with being able to obtain a job. It can also increase your difficulties in obtaining housing, certain types of loans, and higher education. Kerben & Associates will work to have the charges leveled against you reduced or dismissed by building your best defense. Other sentencing enhancements that could affect your felony dwi case include –
- Speeding while driving intoxicated
- A BAC of .2 or greater
- Property damage, injury, or an accident while driving under the influence
The New York Police Department may also seize the vehicle you were driving at the time of the arrest and sue for vehicle forfeiture. In this case, the vehicle would be sold at auction, leaving the owner without a vehicle yet still responsible for any lease or loan payments. Vehicle forfeiture cases are separate from any criminal case leveled against you. Be aware, you only have short period of time to indicate to the court that you will fight for your vehicle. Don’t wait to seek representation for this matter, call Kerben & Associates at 718-575-8433 as soon as possible.
Queens Felony DWI Defense Lawyers
If you’ve been charged with a Felony DWI, call Kerben & Associates at 718-575-8433 to schedule a free and confidential legal consultation. Our firm focuses exclusively on criminal defense and we have more than three decades of experience handling drunk driving cases. Our goal is always to get the best possible outcome for our clients, and we have had countless successful cases in Queens and throughout New York City that resulted in reduced or dismissed charges. Call us today at 718-575-8433 and learn what we can do for you.