Is a DUI a Felony?

At Trbovich Law Firm, we often encounter clients who are facing DUI charges and are concerned about the potential consequences. One of the most common questions we receive is: is a DUI a felony? The answer to this question isn't always straightforward, as it depends on several factors. In this blog post, we'll explore the circumstances under which a DUI can be classified as a felony in New York State.

Understanding DUI Classifications

Before we delve into whether a DUI is a felony, it's important to understand the different classifications of DUI offenses. In New York, DUI (Driving Under the Influence) is more commonly referred to as DWI (Driving While Intoxicated). The severity of a DWI offense can range from a violation to a misdemeanor, and in some cases, a felony.

So, is a DUI a misdemeanor or felony? The answer is: it can be either, depending on the circumstances.

When is a DUI Typically a Misdemeanor?

In most cases, a first-time DWI offense in New York is classified as a misdemeanor. This means that while it's a serious charge, it's not as severe as a felony. A misdemeanor DWI typically occurs when:

• It's your first offense
• Your blood alcohol content (BAC) is between 0.08% and 0.17%
• No one was injured as a result of your driving
• There were no minors in the vehicle

Even as a misdemeanor, a DWI conviction can result in significant penalties, including fines, license suspension, and potential jail time. However, the long-term consequences are generally less severe than those associated with a felony conviction.

When Does a DUI Become a Felony?

Now, let's address the central question: is a DUI a felony? While not all DUIs are felonies, there are several circumstances under which a DUI can be elevated to a felony charge in New York:

• Multiple Offenses: If you have prior DWI convictions, subsequent offenses may be charged as felonies. Specifically:
  • A third DWI offense within 10 years is automatically charged as a Class D felony.
  • A fourth or subsequent offense within 15 years is a Class C felony
• Aggravated DWI: If your BAC is 0.18% or higher, you may be charged with Aggravated DWI. While a first Aggravated DWI is typically a misdemeanor, subsequent offenses can quickly escalate to felony charges.
• DWI with a Child in the Vehicle: Under Leandra's Law, driving under the influence with a passenger age 15 or younger in the vehicle is an automatic Class E felony, even for first-time offenders.
• Vehicular Assault or Homicide: If you cause serious injury or death while driving under the influence, you may face felony charges of vehicular assault or vehicular manslaughter.
• DWI with a Suspended or Revoked License: Operating a vehicle while intoxicated when your license has been suspended or revoked due to a previous alcohol-related offense is a Class E felony.

It's crucial to understand that the question "is a DUI a felony?" doesn't have a one-size-fits-all answer. The classification can change based on the specific details of your case and your prior record.

Consequences of a Felony DUI

When a DUI is charged as a felony, the potential consequences become much more severe. These may include:

• Longer jail or prison sentences
• Higher fines
• Longer license revocation periods
• Mandatory installation of an ignition interlock device
• Probation
• Permanent criminal record

A felony DUI conviction can have long-lasting impacts on various aspects of your life, including:

• Employment opportunities
• Housing applications
• Professional licenses
• Voting rights
• Right to own firearms
• Immigration status

Given the serious nature of felony DUI charges, it's crucial to seek legal representation if you're facing such allegations.

How a Felony DUI Lawyer Can Help

At Trbovich Law Firm, we understand the complexities of felony DUI cases and the significant impact they can have on your life. If you're facing felony DUI charges in Buffalo or Western New York, having a dedicated felony DUI lawyer on your side can make a substantial difference in the outcome of your case. Here's how we can assist you:

• Case Evaluation: Our Buffalo criminal defense lawyers begin by thoroughly reviewing all aspects of your case. This includes examining police reports, witness statements, and evidence related to your arrest and charges. Our goal is to identify any weaknesses in the prosecution's case or potential violations of your rights that could work in your favor.
• Legal Strategy Development: Based on our evaluation, we develop a tailored legal strategy designed to achieve the best possible outcome for your specific situation. This may involve challenging evidence, negotiating with prosecutors, or preparing a strong defense for trial.
• Protection of Your Rights: From the moment you engage our services, we work diligently to protect your constitutional rights. We ensure that law enforcement and prosecutors follow proper procedures and respect your rights throughout the legal process.
• Negotiation with Prosecutors: In many cases, we can negotiate with prosecutors to potentially reduce charges or penalties. Our familiarity with local courts and prosecutors in Buffalo and Western New York allows us to navigate these negotiations effectively.
• Court Representation: If your case goes to trial, we provide robust representation in court. We present your case persuasively, cross-examine witnesses, and challenge the prosecution's evidence to defend your interests vigorously.
• Mitigation of Consequences: Even in cases where a conviction cannot be avoided, we work to minimize the consequences. This may involve advocating for alternative sentencing options, treatment programs, or reduced penalties.
• Guidance Through the Legal Process: We understand that facing felony DUI charges can be overwhelming. We guide you through each step of the legal process, explaining your options, potential outcomes, and the best course of action at every stage.
• Handling of Administrative Procedures: A felony DUI charge often involves administrative procedures, such as DMV hearings. We can represent you in these proceedings to protect your driving privileges to the extent possible.
• Post-Conviction Support: If necessary, we can assist with post-conviction matters, such as appeals or requests for early termination of probation or parole.

Rehabilitation Advocacy: We can advocate for rehabilitation options that may be beneficial to your case and your future. This might include recommending substance abuse treatment programs or other interventions that could positively influence the court's decision.

At Trbovich Law Firm, we believe that everyone deserves a strong defense, regardless of the charges they face. We've defended numerous clients against felony DUI charges, and we understand the nuances of New York's DUI laws. Our experience allows us to anticipate the prosecution's strategies and prepare accordingly.

Common Defense Against Felony DUI Charges

At Trbovich Law Firm, we understand the complexities of DUI law and the potential for a DUI to be classified as a felony. If you're facing felony DUI charges, there may be several defense strategies available, depending on the specifics of your case:

• Challenging the Traffic Stop: We can examine whether the initial traffic stop was conducted legally.
• Questioning BAC Test Results: The accuracy of breathalyzer or blood tests can sometimes be challenged.
• Exploring Alternative Explanations: There may be medical or other reasons for symptoms that police interpreted as intoxication.
• Negotiating Plea Deals: In some cases, it may be possible to negotiate for reduced charges.
• Investigating Procedural Errors: We can review whether all proper procedures were followed during your arrest and processing.

Remember, every case is unique, and the best defense strategy will depend on the specific circumstances of your situation.

What to Do If Pulled Over with Suspicion of a DUI

At Trbovich Law Firm, we often receive questions about how to handle a traffic stop when there's suspicion of a DUI. While we hope you never find yourself in this situation, it's crucial to know your rights and the best course of action if it does occur. Here's what we recommend:

• Pull Over Safely: As soon as you notice the police lights, signal and pull over to a safe location. Try to choose a well-lit area if possible.
• Remain Calm: Take a deep breath and try to stay calm. Your behavior and demeanor can significantly impact the officer's perception.
• Turn on Interior Lights: If it's dark, turn on your interior lights. This can help reduce the officer's suspicion and show that you're cooperating.
• Keep Your Hands Visible: Place your hands on the steering wheel where the officer can see them. This helps ensure the officer feels safe approaching your vehicle.
• Be Polite and Respectful: Address the officer politely and respectfully. Remember, everything you say and do can be used as evidence.
• Provide License and Registration: When asked, provide your license, registration, and insurance information. Let the officer know if you need to reach for these documents.
• Exercise Your Right to Remain Silent: You have the right to remain silent. Politely inform the officer that you're exercising this right. Avoid discussing where you've been or what you've had to drink.
• Understand Breathalyzer Laws: In New York, refusing a breathalyzer test can result in automatic license suspension. However, the decision to take or refuse the test is yours. If you choose to refuse, do so politely and clearly.
• Request a Felony DUI Lawyer: If you're arrested, clearly state that you wish to speak with an attorney. Do not discuss your case with anyone except your lawyer.
• Document the Incident: As soon as possible after the incident, write down everything you remember about the traffic stop and your interactions with the police.
• Contact a Felony DUI Lawyer: Reach out to a DUI attorney as soon as possible. At Trbovich Law Firm, we're available to provide guidance and begin building your defense immediately.

Remember, the question "Is a DUI a felony?" becomes much more pressing if you're actually facing charges. While a first-time DUI is often a misdemeanor, certain circumstances can elevate it to a felony. Regardless of the classification, any DUI charge is serious and requires prompt legal attention.

Facing DUI Charges? We're Here to Help

Don't face DUI charges alone. Whether you're dealing with a misdemeanor or asking "is a DUI a felony" in your case, Trbovich Law Firm is ready to defend your rights. Contact us today for a confidential consultation, and let our experienced team guide you through this challenging time.