Trusted Felony DWI Lawyer in Staten Island, NY
While any driving while intoxicated (DWI) conviction can have devastating consequences on your freedom and future opportunities, the impact of a felony DWI conviction is especially severe. These cases involve repeat offenders or significant aggravating factors and result in harsher penalties. If you have been charged with a felony DWI, a Staten Island felony DWI lawyer can provide invaluable guidance and aggressive defense.
Take the First Step Toward Justice Today
Work With a Trusted Law Firm That Can Protect Your Rights
Since being formed in 2022, The Law Office of Tracy & Tracy has built a reputation among local prosecutors and judges for aggressively safeguarding our clients’ rights and creating strategic defenses against criminal charges.
We bring more than 13 years of experience as New York prosecutors, allowing us to understand a felony DWI case from both sides. Our Staten Island felony DWI attorney has also recently been elected to the Richmond County Bar Association Board.
Felony DWI Cases in Staten Island
While many DWIs are charged as misdemeanors, several factors may elevate a DWI to a felony under New York’s felony DWI laws. Examples of when a case may be a felony include:
- A second offense
- Causing serious physical injury or death
- Having a child under 15 in the vehicle
Law enforcement agencies throughout Staten Island actively patrol for impaired drivers, especially on I-278, Hyland Boulevard, or Richmond Avenue. Heavily trafficked roads, as well as areas near nightlife, are common places for felony DWIs to occur.
One major reason for the active patrols and aggressive prosecution in a felony DWI case is how common drunk driving accidents are. About every 30 minutes, someone passes away due to drunk driving. About 30% of all traffic fatalities involve a driver with a blood alcohol concentration over 0.08%.
Types of Felony DWI Penalties in New York
Felony DWI penalties can be severe, impacting your freedom, finances, driving privileges, and future opportunities. If you hire a felony DWI lawyer, they can explain the specific penalties that you may face, depending on your charges. However, they often include:
- Imprisonment. Felony offenses can result in years of imprisonment in a state prison, limiting your freedom and disrupting your everyday life.
- Fines. Courts can impose thousands of dollars in fines, which is on top of other expenses such as court costs, legal fees, driving test fees, and mandatory treatment fees.
- Driver’s license revocation. A felony DWI can result in the revocation of your driving privileges. Even after the revocation period is over, the process for restoring your license involves strict administrative requirements and tedious legal processes.
- Alcohol or drug treatment. The court often requires offenders to complete alcohol or substance abuse treatment, such as educational courses and counseling.
- A permanent criminal record. A felony DWI conviction becomes a part of your criminal history, which can affect many areas of your personal and professional life, including employment and housing.
Reasons You Should Hire a Felony DWI Lawyer
Felony DWI cases are significantly more complex than misdemeanor cases. They often involve analyzing not only the current offense but also your criminal history. They could also involve serious investigations into an accident scene or your alcohol and blood test results. Because of this complexity, it is important to work with a Staten Island felony DWI lawyer who can help you navigate the case.
An experienced lawyer can protect your rights. It is recommended to contact a lawyer as soon as possible after an arrest and avoid speaking with law enforcement about the offense until a lawyer is present. Having a lawyer present can help you avoid accidental self-incrimination. A lawyer can also identify any police misconduct when it comes to traffic stops, arrests, and searches.
Working with a lawyer can improve the chances of dismissal, reduced charges, or not-guilty verdicts. While every case requires a unique defense, a lawyer can investigate the circumstances of the case and the prosecution’s evidence to identify an effective strategy.
FAQs
Does a DWI Stay on Your Record Forever in New York?
Yes, a DWI does stay on your record permanently in New York. Having a criminal record can make it difficult to find employment, secure housing, obtain professional licenses, and may lead to social stigma. Furthermore, this record is used to determine elevated charges and penalties if you are ever arrested for DWI or another offense.
What Happens After Three DWIs in New York?
After three DWIs in New York, you can face even more severe criminal charges and penalties. If you have two prior DWIs or related criminal charges from the past 15 years, a third DWI is charged as a Class D felony. Additionally, three or more alcohol- or drug-related convictions within 10 years can mean your driver’s license is permanently revoked.
What Is the Minimum Sentence for a DWI in New York?
The minimum sentence for a DWI in New York depends on the specific DWI offense. For example, a first-time misdemeanor DWI may not result in any jail time. However, if you are charged with a felony DWI and have a prior conviction within the last five years, you may face at least five days of imprisonment.
Can a Felony DWI Charge Be Reduced?
Yes, a felony DWI charge can be reduced, though it depends on the specific details of the case and the prosecutor’s evidence. Often, a Staten Island felony DWI lawyer can negotiate a plea deal where you plead guilty to reduced charges and receive lighter penalties. Prosecutors often agree to a plea deal when specific evidence is challenged, and they are not confident about their ability to secure a felony conviction.
Speak With a Staten Island Felony DWI Attorney Today
A felony DWI charge is not something you should face alone, even if you believe you understand New York’s felony DWI laws or that there is no possible way to achieve mitigated charges or penalties. Speaking with a lawyer may help you identify effective legal strategies that may otherwise be overlooked. To discuss your case with a lawyer, contact The Law Office of Tracy & Tracy.
Legal Resources
New York DWI Laws and Penalties : All You Need to Know
What Happens When You Get a DWI in NYC [With Penalty Guideline Chart]
