New York drivers should know that some DUI/DWI charges can be classified as felonies. While a misdemeanor carries various penalties, those for a felony are generally much more serious. Knowing what constitutes felony DUI/DWI is important to help avoid those higher charges.
In some states, such as New York, driving while intoxicated when a child is in the vehicle is grounds to raise the charge from misdemeanor to a felony. In New York, the child must be under 15, but the age threshold may vary in other states. Prior convictions for driving drunk may also elevate the charge to a felony if the offense is committed within a certain number of years from the first offense. In New York, the period is 10 years, so a repeat offender within that amount of time might be charged with a felony.
The blood alcohol content level that indicates drunkenness in an adult remains at 0.08 percent no matter what state a driver is in. However, if the BAC level measures higher than that, the driver may get a felony charge. Again, laws may vary depending on the state. Bodily harm that occurs as a result of an accident may also increase penalties for a drunk driving charge. This may depend on the prosecutor, particulars of the accident and whether it may be demonstrated that the injury was a direct result of actions taken by the driver.
A driver facing a felony charge for DUI/DWI might want to consult with an attorney experienced in criminal law. The lawyer may assist by reviewing police reports, on-site testing and other evidence to lower penalties, which could include jail time and other serious penalties.
