When facing a felony DUI charge in Buffalo or anywhere in New York State, the stakes are incredibly high. At Trbovich Law Firm, we understand the gravity of your situation and are here to provide the robust legal defense you need. In New York, a felony DUI is a serious offense that can have long-lasting impacts on your life, including potential imprisonment, hefty fines, and a permanent criminal record. As your felony DUI lawyer in Buffalo, we're committed to protecting your rights and fighting for the best possible outcome in your case. Contact us today for felony DUI defense.
What Constitutes a Felony DUI in New York?
In New York State, a DUI (Driving Under the Influence) charge, officially known as DWI (Driving While Intoxicated), can be elevated to a felony under certain circumstances. These may include:
- Multiple DUI offenses within 10 years (specifically, a third or subsequent offense)
- DUI resulting in serious injury or death (vehicular assault or vehicular manslaughter)
- DUI with a child passenger under 16 years old (Leandra's Law)
- DUI while driving on a license that was suspended or revoked due to a previous DWI
Our team at Trbovich Law Firm stays up-to-date with the latest legal developments in New York DUI law to provide you with accurate and relevant advice for your situation in Buffalo and the surrounding areas.
Consequences of a Felony DUI Conviction in New York
The consequences of a felony DUI conviction in New York can be severe and far-reaching. Understanding these potential outcomes underscores the importance of having a skilled felony DUI attorney on your side in Buffalo:
Legal Penalties of a Felony DUI Conviction in New York
- Imprisonment: Felony DWI convictions in New York often carry mandatory minimum jail sentences, which can range from 1 to 7 years depending on the specifics of the case and prior offenses.
- Fines: Substantial fines, often ranging from $2,000 to $10,000, are typically imposed in New York.
- Probation: Even after serving jail time, you may be placed on probation with strict conditions set by New York courts.
- License Revocation: Your New York driving privileges will be revoked for at least one year, and potentially much longer for repeat offenses.
Long-Term Impacts of a Felony FUI in New York
- Criminal Record: A felony conviction stays on your New York record permanently, affecting future employment opportunities and personal relationships.
- Professional Licenses: Certain professional licenses in New York may be revoked or denied due to a felony DUI conviction.
- Housing: Some landlords in Buffalo and throughout New York may refuse to rent to individuals with felony convictions.
- Voting Rights: In New York, felony convictions can temporarily lose voting rights while incarcerated or on parole.
- Firearm Ownership: Federal and New York State laws prohibit felons from owning firearms.
How a Felony DUI Attorney Can Help in Your Defense
As your felony DUI attorney in Buffalo, we at Trbovich Law Firm take on several crucial roles in your defense:
Felony DUI Case Evaluation and Strategy Development
We begin by thoroughly examining every aspect of your case under New York law. This includes reviewing police reports, analyzing blood alcohol content (BAC) test results, and examining the circumstances of your arrest in Buffalo or elsewhere in Western New York. We aim to identify any potential weaknesses in the prosecution's case and develop a strong defense strategy tailored to your specific situation and the local court system.
Protecting Your Constitutional Rights After a Felony DUI Charge
New York law enforcement must follow strict procedures during a DWI arrest. We scrutinize every step of the process to ensure your constitutional rights were not violated. This includes examining whether:
- The initial traffic stop in Buffalo was legal
- Field sobriety tests were conducted properly according to New York standards
- Your Miranda rights were read at the appropriate time
- Chemical tests were administered correctly as per New York regulations
Any violations of your rights could result in the suppression of evidence or even the dismissal of your case in New York courts.
Negotiating with Erie County Prosecutors on Your Felony DUI Charge
In many cases, a felony DUI lawyer can negotiate with Erie County prosecutors to reduce charges or secure more favorable plea deals. At Trbovich Law Firm, we leverage our experience and knowledge of the Buffalo court system to advocate for the best possible outcome for you.
Felony DUI Representation in New York Courts
If your case goes to trial in Buffalo City Court or Erie County Court, you need a felony DUI lawyer who is prepared to fight for you. Our attorneys are skilled litigators with extensive courtroom experience in Western New York. We present compelling arguments, cross-examine witnesses effectively, and work tirelessly to cast doubt on the prosecution's case.
How Trbovich Law Firm Builds Your Felony DUI Defense in Buffalo
As your felony DUI lawyer in Buffalo, we at Trbovich Law Firm employ a comprehensive approach to building your defense:
Thorough DUI Investigation
We conduct an independent investigation of your case in Buffalo and Western New York, which may include:
- Revisiting the scene of the arrest in Buffalo
- Interviewing witnesses
- Consulting with forensic experts to analyze BAC test results
- Reviewing maintenance records of breathalyzer devices used by Buffalo police
Challenging DUI Evidence
We scrutinize all evidence against you, looking for opportunities to challenge its validity or admissibility under New York law. This may involve:
- Questioning the reliability of field sobriety tests conducted in Buffalo
- Challenging the accuracy of breathalyzer or blood test results from Erie County labs
- Examining whether proper procedures were followed in collecting and handling evidence according to New York standards
Exploring Alternative Felony DUI Sentencing Options in New York
In cases where a conviction seems likely, we work to secure alternative sentencing options that minimize jail time and focus on rehabilitation, as allowed by New York law. These may include:
- New York's Drinking Driver Program
- Intensive outpatient treatment programs in Buffalo
- Electronic monitoring or house arrest
- Work release programs available in Erie County
The Importance of Acting Quickly After a Felony DUI Charge in New York
If you're facing felony DUI charges in Buffalo or anywhere in New York, time is of the essence. The sooner you engage a felony DUI attorney, the better your chances of a favorable outcome. Early intervention allows us to:
- Preserve crucial evidence that may disappear over time
- Prevent you from making statements that could harm your case under New York law
- Begin building your defense strategy immediately
- Potentially influence the charging decision before formal charges are filed in Erie County
At Trbovich Law Firm, we're ready to start working on your Buffalo case immediately. We understand the stress and uncertainty you're facing in the New York legal system, and we're here to guide you through every step of the process.
What To Do If Charged with a Felony DUI in Buffalo
If you've been charged with a felony DUI (known as DWI in New York) in Buffalo, it's crucial to take immediate and appropriate action. At Trbovich Law Firm, we understand that this can be an overwhelming and frightening experience. Here's a step-by-step guide on what to do if you find yourself in this situation:
Exercise Your Right to Remain Silent
The first and most important step is to exercise your constitutional right to remain silent. Politely inform the officer that you're invoking your right to remain silent. Please do not discuss the details of your arrest or the events leading up to it with anyone except your attorney. Remember, anything you say can be used against you in court.
Request a Felony DUI Defense Lawyer Immediately
As soon as possible, request to speak with an attorney. You have the right to legal representation from the moment of your arrest. Do not answer questions or agree to tests without consulting with a felony DUI lawyer. If you can't afford an attorney, request a public defender.
Document Everything You Remember
While the events are fresh, write down everything you can remember about the arrest and the events leading up to it. Note the location, time, and any witnesses present. Record any details about field sobriety tests or chemical tests administered. This information can be crucial for your felony DUI lawyer build your defense.
Gather Important Information
Collect all relevant documents related to your arrest. This includes your copy of the arrest report, any citations or tickets issued, your bail papers, and any other documents provided by law enforcement or the court.
Do Not Discuss Your Felony DUI Case on Social Media
Avoid the temptation to discuss your case online. Anything you post on social media can potentially be used against you in court. Refrain from making any public statements about your arrest or charges.
Attend All DUI Court Appearances
It's crucial to attend all scheduled court appearances. Missing a court date can result in additional charges and complicate your case. If you're unable to attend for any reason, inform your attorney immediately.
Comply with All Release Conditions
If you've been released on bail or your own recognizance, strictly adhere to all conditions set by the court. This may include restrictions on driving, alcohol consumption, or travel.
Seek Substance Abuse Evaluation
Consider voluntarily seeking a substance abuse evaluation. This can demonstrate to the court that you're taking the situation seriously. It may also be beneficial in negotiating plea deals or alternative sentencing options.
Preserve Evidence
If possible, preserve any evidence that might be relevant to your case. Keep the clothes you were wearing at the time of arrest. If there was an accident, take photos of any vehicle damage. Make a list of any medications you were taking at the time.
Contact Trbovich Law Firm
Perhaps the most crucial step is to contact an experienced felony DUI lawyer in Buffalo. At Trbovich Law Firm, we offer a free initial consultation to discuss your case. We have extensive experience with Buffalo's court system and DWI laws. We'll thoroughly evaluate your case and potential defense strategies, along with aggressive representation to protect your rights and freedom.
Don't Face Felony DUI Charges Alone - Act Now
Your future is too important to leave to chance. If you're facing felony DUI charges in Buffalo or Western New York, time is of the essence. At Trbovich Law Firm, we're ready to stand by your side and fight for your rights. Don't wait another moment - contact us today for a free consultation and take the first step towards protecting your freedom and your future.
New York Felony DUI Lawyer FAQs
At Trbovich Law Firm, we understand that facing felony DUI charges in New York can be confusing and overwhelming. Here are answers to some frequently asked questions to help you better understand your situation:
What makes a DUI a felony in New York?
In New York, a DUI (referred to as DWI) can be charged as a felony under several circumstances:
- It's your third or subsequent DWI offense within 10 years
- You're driving under the influence with a child passenger under 16 (Leandra's Law)
- Your DWI resulted in serious injury or death to another person
- You're drunk driving on a license that was suspended or revoked due to a previous DWI
What are the penalties for a felony DUI in New York?
Penalties for a felony DUI in New York can include:
- 1 to 7 years in state prison (depending on the specific charge)
- Fines ranging from $2,000 to $10,000
- License revocation for at least 18 months
- Mandatory installation of an ignition interlock device
- Probation and mandatory participation in alcohol treatment programs
Can a felony DUI charge be reduced to a misdemeanor in New York?
Yes, it's possible to have a felony DUI charge reduced to a misdemeanor in some cases. This often depends on the specific circumstances of your case, your prior record, and the strength of your defense. An experienced felony defense attorney can work to negotiate a charge reduction.
How long does a felony DUI stay on your record in New York?
A felony DUI conviction in New York becomes a permanent part of your criminal record. However, for the purposes of determining if a new DWI offense should be charged as a felony, New York has a 10-year "look-back" period.
Will I lose my professional license if convicted of a felony DUI in New York?
Many professional licensing boards in New York consider felony convictions in their disciplinary processes. While a felony DUI doesn't automatically result in license revocation, it can lead to disciplinary action. It's crucial to inform your Buffalo criminal defense lawyer about your professional licenses so they can work to mitigate these consequences.
Can I refuse a breathalyzer test in New York?
While you have the right to refuse a breathalyzer test in New York, doing so comes with automatic penalties. These include license revocation for at least one year and fines. Additionally, your refusal can be used as evidence against you in court.
How can a felony DUI lawyer help me?
An experienced felony driving under the influence of alcohol lawyer can:
- Scrutinize the evidence against you for any procedural errors or rights violations
- Negotiate with prosecutors for reduced charges or alternative sentencing
- Represent you in court and build a strong defense strategy
- Guide you through the legal process and protect your rights
- Work to minimize the impact on your personal and professional life
