At Trbovich Law Firm in Buffalo, NY, we understand the serious nature of felony DWI charges and their potential impact on your life. Our team of dedicated criminal defense lawyers is committed to providing robust legal representation for individuals facing these complex cases. With years of experience navigating New York's legal system, we offer comprehensive support to those charged with felony DWI offenses. Contact our felony DWI lawyers today for immediate assistance.
Understanding Felony DWI in New York
A felony DWI (Driving While Intoxicated) charge in New York is a serious offense that can result in severe penalties. Unlike a misdemeanor DWI, a felony charge carries more significant consequences and can have long-lasting effects on your personal and professional life.
There are several circumstances under which a DWI can be elevated to a felony:
- Multiple offenses: If you have been convicted of DWI twice within the past 10 years, a third offense automatically becomes a felony.
- DWI with a child passenger: Known as Leandra's Law, driving under the influence with a passenger under 16 years old is an automatic felony, even for first-time offenders.
- Causing serious injury or death: If a DWI incident results in serious bodily harm or fatality to another person, it can be charged as a felony.
- DWI with a revoked license: Operating a vehicle while intoxicated when your license has been revoked due to a previous DWI conviction can result in felony charges.
As felony DWI attorneys, we at Trbovich Law Firm are well-versed in the nuances of these charges and the potential defenses available to our clients.
Felony DWI Laws in New York
In New York, a DWI (Driving While Intoxicated) can be elevated to a felony under several circumstances. Here are the relevant laws from the New York Vehicle and Traffic Law (VTL) and Penal Law:
Multiple DWI Offenses
VTL § 1193(1)(c)(ii) - Class D Felony
A person is guilty of a class D felony when they:
- Commit a DWI violation under VTL § 1192(2), (3), (4), or (4-a)
- Have been convicted of any of these crimes twice within the preceding 10 years
Aggravated DWI with a Child (Leandra's Law)
VTL § 1192(2-a)(b) - Class E Felony
A person is guilty of aggravated driving while intoxicated with a child when they:
- Operate a motor vehicle in violation of VTL § 1192(2), (3), (4), or (4-a)
- Have a child passenger who is 15 years of age or less
DWI Causing Serious Physical Injury or Death
Penal Law § 120.04 - Vehicular Assault in the First Degree (Class D Felony)
A person is guilty when they:
- Operate a motor vehicle while intoxicated (as per VTL § 1192(2), (3), (4), or (4-a))
- Cause serious physical injury to another person
Penal Law § 125.13 - Vehicular Manslaughter in the First Degree (Class C Felony)
A person is guilty when they:
- Operate a motor vehicle while intoxicated (as per VTL § 1192(2), (3), (4), or (4-a))
- Cause the death of another person
Aggravated Vehicular Assault and Homicide
Penal Law § 120.04-a - Aggravated Vehicular Assault (Class C Felony)
A person is guilty when they commit vehicular assault in the first degree and:
- Have a BAC of 0.18% or higher
- Have a prior DWI conviction within the last 10 years
- Have a suspended or revoked license due to a prior DWI
- Cause serious physical injury to more than one person
- Have a previous conviction of vehicular assault or vehicular manslaughter
Penal Law § 125.14 - Aggravated Vehicular Homicide (Class B Felony)
Similar to aggravated vehicular assault, but results in death instead of serious physical injury.
DWI with a Suspended or Revoked License
VTL § 511(3)(a)(i) - Aggravated Unlicensed Operation in the First Degree (Class E Felony)
A person is guilty when they:
- Operate a motor vehicle while under the influence of alcohol or drugs
- Do so while knowing or having reason to know that their license is suspended, revoked, or otherwise withdrawn due to a prior alcohol or drug-related driving offense
These laws outline the specific circumstances under which a DWI offense can be charged as a felony in New York. The severity of the felony (Class E, D, C, or B) depends on the specific circumstances and can result in increasingly severe penalties.
How a Felony DWI Defense Lawyer Can Help
At Trbovich Law Firm, we understand the gravity of felony DWI charges in New York. Our team of dedicated criminal defense lawyers is committed to providing robust legal representation for those facing these serious allegations. Here's how our felony DWI defense lawyers can assist you:
Comprehensive Case Evaluation
When you're charged with a felony DWI, the details matter. Our felony defense attorneys conduct a thorough review of your case, including:
- Circumstances of your arrest
- Police reports and procedures
- Witness statements
- Results of chemical tests (breath, blood, or urine)
- Your driving record and criminal history
This meticulous evaluation allows us to identify potential weaknesses in the prosecution's case and develop a strong defense strategy tailored to your specific situation.
Protecting Your Rights
From the moment you engage our services, we work diligently to ensure your rights are protected. This includes:
- Advising you on your rights during police interactions
- Ensuring proper procedures were followed during your arrest and testing
- Identifying any constitutional violations that may have occurred
If we find that your rights were violated at any point, we can file motions to suppress evidence or even have your case dismissed.
Challenging Evidence
Felony DWI cases often hinge on technical evidence. Our Buffalo DWI defense lawyers are well-versed in the science behind breath and blood alcohol testing. We scrutinize:
- The calibration and maintenance records of testing equipment
- The qualifications of personnel administering tests
- The chain of custody for blood samples
- The validity of field sobriety tests
By challenging the reliability and admissibility of evidence, we can often weaken the prosecution's case against you.
Negotiating with Prosecutors
In many cases, skillful negotiation can lead to reduced charges or penalties. Our felony DWI defense lawyers have established relationships with local prosecutors and understand how to advocate on your behalf effectively. We may be able to:
- Negotiate a plea to a lesser offense
- Secure alternative sentencing options
- Arrange for participation in treatment programs in lieu of jail time
Our goal is always to achieve the best possible outcome for your unique circumstances.
Strong Courtroom Representation
If your case goes to trial, you need a lawyer with proven courtroom experience. At Trbovich Law Firm, we're prepared to defend you to advocate on your behalf effectively. Our strategies include:
- Presenting compelling opening and closing arguments
- Cross-examining prosecution witnesses effectively
- Calling expert witnesses to testify on your behalf
- Clearly explaining complex technical information to the jury
Our courtroom skills and preparation can make a significant difference in the outcome of your case.
Mitigating Felony DWI Consequences
Even in cases where a conviction cannot be avoided, our felony DWI defense lawyers work hard to minimize the impact on your life. We advocate for:
- Reduced sentences
- Alternative sentencing options like probation or community service
- Minimized fines and fees
- Shortened license suspension periods
We understand that a felony DWI conviction can have far-reaching consequences, and we strive to protect your future as much as possible.
Navigating Administrative Procedures
A felony DWI charge doesn't just involve criminal court. There are also administrative procedures to navigate, particularly with the Department of Motor Vehicles. We assist with:
- DMV hearings to protect your driving privileges
- Applications for conditional licenses
- Guidance on ignition interlock device requirements
- License reinstatement processes
Our comprehensive approach ensures that all aspects of your case are handled professionally.
Providing Emotional Support and Guidance
We recognize that facing felony DWI charges can be a stressful and overwhelming experience. At Trbovich Law Firm, we're not just your legal representatives – we're your advocates and support system throughout this challenging time. We provide:
- Clear, honest communication about your case and options
- Timely updates on any developments
- Answers to your questions and concerns
- Guidance on how to navigate personal and professional challenges related to your charges
Our compassionate approach helps alleviate some of the stress and uncertainty you may be experiencing.
Long-Term Considerations
Our commitment to your case doesn't end with the resolution of your immediate legal issues. We also consider the long-term implications of a felony DWI charge and work to minimize its impact on your future. This includes:
- Advising on potential expungement or record sealing options
- Providing guidance on how to address the charge in future employment or housing applications
- Connecting you with resources for ongoing substance abuse treatment if needed
At Trbovich Law Firm, we're invested in your long-term success and well-being.
Potential Defenses in Felony DWI Cases
Each felony DWI case is unique, and the appropriate defense strategy depends on the specific circumstances. Some common defenses we may explore include:
- Challenging the legality of the traffic stop or arrest
- Questioning the accuracy of breathalyzer or blood test results
- Demonstrating improper administration of field sobriety tests
- Arguing against the reliability of witness testimony
- Presenting evidence of medical conditions that could have affected test results
- Demonstrating violations of your constitutional rights during the arrest or investigation process
Our felony DWI lawyers at Trbovich Law Firm are adept at identifying the most effective defenses for each individual case.
The Legal Process for Felony DWI Cases
Navigating the legal process for a felony DWI can be complex and intimidating. As your legal representatives, we guide you through each step:
- to defend you before a judge and jury vigorouslyThis is your first court appearance where the charges are formally presented. We ensure you understand the charges and advise you on how to plead.
- Pre-trial motions: Our team files necessary motions, which may include requests to suppress evidence or dismiss charges based on legal grounds.
- Discovery: We obtain and review all evidence the prosecution has against you, including police reports, witness statements, and test results.
- Plea bargaining: If appropriate, we negotiate with prosecutors to potentially reduce charges or penalties.
- Trial: If a favorable plea agreement cannot be reached, we prepare a robust defense for trial, cross-examining witnesses and presenting evidence in your favor.
- Sentencing: If convicted, we advocate for the most lenient sentence possible, presenting mitigating factors and arguing for alternatives to incarceration when applicable.
Why Choose Trbovich Law Firm for Your Felony DWI Defense
When facing felony DWI charges in Buffalo, NY, you need a law firm with a proven track record of handling these complex cases. Trbovich Law Firm offers:
- In-depth knowledge of New York DWI laws and local court procedures
- A team of experienced criminal defense lawyers dedicated to protecting your rights
- A personalized approach tailored to the unique aspects of your case
- Aggressive advocacy both in and out of the courtroom
- Clear communication throughout the legal process
- A commitment to achieving the best possible outcome for your situation
We understand the stress and uncertainty that come with felony DWI charges. Our team is here to provide not just legal representation, but also support and guidance during this challenging time.
Don't Face Felony DWI Charges Alone
Your future is too important to leave to chance. At Trbovich Law Firm, we're ready to fight for your rights and freedom. Contact us today for a confidential consultation and take the first step towards protecting your future.
Felony DWI Lawyer FAQs
At Trbovich Law Firm, we understand that facing a felony DWI charge can be overwhelming. Here are answers to some frequently asked questions about felony DWI cases in New York:
What makes a DWI a felony in New York?
In New York, a DWI can be charged as a felony under several circumstances: It's your third DWI offense within 10 years; You're driving under the influence with a child under 16 in the vehicle (Leandra's Law); Your DWI resulted in serious injury or death to another person; You're driving under the influence with a license that was suspended or revoked due to a previous DWI.
What are the potential penalties for a felony DWI in New York?
Penalties for a felony DWI can be severe and may include: Up to 7 years in state prison (depending on the specific charge); Fines ranging from $1,000 to $10,000; License revocation for at least 1 year; Mandatory installation of an ignition interlock device; Probation; Participation in a Victim Impact Panel; Completion of a substance abuse program. The exact penalties depend on the specific circumstances of your case and your prior record.
Can a felony DWI be reduced to a misdemeanor?
In some cases, yes. A skilled felony DWI lawyer may be able to negotiate with the prosecutor to reduce the charges. This often depends on factors such as the strength of the evidence against you, your prior record, and whether anyone was injured. At Trbovich Law Firm, we explore every possible avenue to reduce or dismiss charges.
Will I lose my license if charged with a felony DWI?
Yes, your license will typically be suspended immediately upon arrest for a felony DWI. If convicted, your license will be revoked for at least one year, and possibly longer depending on the specific circumstances of your case and your prior record.
How can a felony DWI lawyer help me?
A felony DWI lawyer can help in numerous ways: evaluating the evidence against you, identifying potential defenses, negotiating with prosecutors, representing you in court, advising you on plea bargains, and working to minimize penalties if convicted. At Trbovich Law Firm, we provide comprehensive support throughout the entire legal process.
What defenses are available for a felony DWI charge?
Potential defenses may include: challenging the legality of the traffic stop or arrest, questioning the accuracy of breath or blood test results, arguing improper administration of field sobriety tests, or demonstrating violations of your constitutional rights. The specific defenses available depend on the details of your case.
How long does a felony DWI stay on my record?
A felony DWI conviction typically stays on your criminal record permanently in New York. However, in some cases, it may be possible to have the record sealed after a certain period. This is a complex process, and the eligibility criteria are strict.
Can I refuse a breathalyzer test if stopped for suspicion of DWI?
While you have the right to refuse a breathalyzer test, doing so can result in automatic license suspension and may be used against you in court. Refusal can also result in separate charges. It's important to understand your rights and the potential consequences of refusal.
What is the "look-back" period for DWI offenses in New York?
For most purposes, New York uses a 10-year "look-back" period when considering prior DWI offenses. This means that a DWI conviction within the past 10 years can elevate a new DWI charge to a felony.
How does a felony DWI conviction affect employment?
A felony DWI conviction can significantly impact employment opportunities. Many employers conduct background checks, and a felony conviction may disqualify you from certain jobs, especially those involving driving. It can also affect professional licenses and security clearances.
If you have more questions about felony DWI charges in New York, don't hesitate to contact Trbovich Law Firm. Our experienced felony DWI lattorneys are here to provide the guidance and representation you need during this challenging time.
