DWI Defense
Felony DWI
A felony DWI charge is a different situation entirely from a misdemeanor. You are no longer looking at fines and a license revocation — you are looking at state prison time, a permanent felony record, and consequences that will follow you for the rest of your life. That is the reality of a felony DWI in New York, and I want you to understand it clearly.
What I also want you to understand is this: a felony charge is not a foregone conclusion. The same defenses available in a misdemeanor DWI case — challenging the stop, the testing procedures, the breathalyzer evidence — are fully available in a felony case. And the stakes being higher is actually a reason to fight harder, not to give up.
When Does DWI Become a Felony in New York?
A DWI becomes a felony in New York in the following circumstances:
Second DWI or DWAI within 10 years. If you have a prior DWI or DWAI conviction within the past 10 years and are charged with DWI again, the new charge is an E felony (Driving While Intoxicated as a Felony).
Third DWI within 10 years. A third conviction within 10 years is charged as a D felony.
DWI with a prior felony DWI conviction. Any subsequent DWI after a felony conviction elevates the charge further.
Leandra's Law (Child Passenger Protection Act). Driving while intoxicated with a child 15 or younger in the vehicle is a Class E felony on the first offense — regardless of prior record.
DWI causing serious physical injury. Vehicular assault in the second degree (DWI causing serious physical injury) is a Class D felony.
DWI causing death. Aggravated vehicular homicide is a Class B felony.
Penalties — Felony DWI in New York
- E Felony DWI: Up to 4 years in state prison; fine of $1,000–$5,000; minimum 18-month license revocation; ignition interlock
- D Felony DWI: Up to 7 years in state prison; fine of $2,000–$10,000; permanent license revocation possible
- Permanent felony criminal record
- Loss of civil rights (voting while incarcerated, firearm rights)
- Immigration consequences for non-citizens
- Employment consequences: background check disqualification for many professions
The Path of a Felony DWI Case in Rockland County
A felony DWI begins, like all felonies, at the local justice court — where you are arraigned and bail is set. The case then moves to Rockland County Court (1 South Main Street, New City) or Orange County Court (285 Main Street, Goshen) for indictment, pre-trial proceedings, and ultimately trial or plea. My office is directly across the street from Rockland County Court — I appear there regularly, and I know the judges and prosecutors who handle these cases.
Frequently asked questions
Speak with Yvonne directly
A felony DWI requires immediate, serious attention. Call (845) 290-2492 — available 24 hours a day. The sooner we speak, the more we can do.