Felony / Injury DUI
The Westchester County / lower Hudson Valley DWI attorneys at our New felony DWI / DUI Defense firm can represent you when charged with Felony DWI under NY V & T Law § 1192(2)(b), called Leandra’s Law. This law makes it a felony to drink and drive when doing so with a minor aged 15 or younger in the vehicle. We have extensive experience representing drivers accused of DWI / DUI, including in felony DWI / DUI cases that involve injuries. If you have been arrested or charged with a felony DWI under NY V & T Law § 1192(2)(b), Leandra’s Law, call us for a free consultation to find out how we can help.
Our felony DWI / DUI defense lawyers service all courts in Westchester County, Putnam County, Bronx County, Dutchess County, Orange County, Rockland County, Queens County, Manhattan, Brooklyn, Nassau County, Suffolk County, and Columbia County. We even service counties not mentioned. Call us to discuss your felony DWI no matter where you were arrested.When is a DWI a Felony?
Normally, a DWI / DUI is a misdemeanor in New York. However, there are circumstances under which a DWI / DUI may constitute a felony, such as when:
- You there is a minor 15 years of age or younger in your vehicle
- You already a prior DWI conviction within 10 years
Our goal in handling your felony DWI / DUI is on having the charge downgraded to a misdemeanor or infraction. The prosecutor has discretion to do this, however it takes a lot of trial preparation and negotiations. New York law enforcement takes DWI / DUI very seriously, so your case will proceed at the onset as a felony until your lawyer convinces them to make an offer of reduction, called a plea bargain. When a DWI / DUI involves injury or death that makes the case much harder and your choice of NY felony DWI / DUI defense counsel more critical. Moreover, when an accident results in death, a charge of manslaughter is charged.This is DWI Felonies Involving Injury
There are a lot of defenses to a felony DWI / DUI involving injury. Such a case requires more than a mere showing that the driver was legally under the influence and that an injury occurred. New York Vehicle & Traffic Law requires a showing that not only that a driver was legally intoxicated, but also that he violated another law besides the DWI / DUI or was otherwise driving negligently (such as speeding or running a stop sign), and that this act was the cause of the bodily injury. All of these elements must be present—and proven beyond a reasonable doubt—in order to obtain a conviction.
There also has to be a showing of proximate cause, i.e., a close connection between the DWI / DUI and the injury so that the DWI / DUI can be said to have caused it. In other words, the accident must have been caused by the drunken driver, not a 3rd party. As an example, suppose an intoxicated driver is speeding and gets hit in the rear and an injury results. In such a case a felony DWI / DUI conviction would not be able to be sustained at trial.We Can Help You Challenge a Felony DWI Charge
If you are charged with a felony DWI in New York, the penalties you face are extremely serious, and can include:
- A jail sentence of up to 4 years;
- Fines of up to $5,000.00;
- Loss of license for at least 3 years
- A mandatory alcohol education program.
In addition to a criminal sentence, a felony conviction has other consequences: A permanent criminal record. A revocation of civil rights. A loss of the ability to get a government job, own a gun, vote, serve on jury duty, and obtain professional licenses. A felony DWI / DUI conviction can also lead to the loss of your job, hamper your ability to obtain credit, employment, and housing for your lifetime.
It is absolutely critical that you obtain the best NY Felony DWI lawyer to represent you. You need an experience, aggressiveness, knowledge, trial experience, and an aptitude towards negotiations. Our firm can help.
We know that you likely more questions. Feel free to call our New York DWI / DUI defense lawyers now. We answer people’s questions every day and would be happy to talk to you. We can be reached anytime 24 / 7 at 914-777-2990 and we always return calls after hours. So you can call us right now.