Is a DUI a Felony in New York? 2024

Driving under the influence (DUI) is considerably dangerous and can result in lifelong consequences for you and for the other drivers around you should you inadvertently cause an accident. Depending on whether or not a DUI is your first offense, you could be looking at potential felony charges that could impact your employment status, your social standing, your reputation, and your personal relationships. You may be asking: Is a DUI a felony in New York?

Is a DUI a Felony in New York?

Yes, a DUI can be a felony in New York. Under New York state law, if you are pulled over and found to have a blood alcohol content (BAC) of 0.08% or higher, you can be found legally intoxicated and could be arrested and charged with a DUI.

A first-offense DUI may not land you a felony charge so long as your BAC does not go past 0.18%. A first offense of DUI could be considered a misdemeanor that could land you a fine of up to $1,000, a year in jail, and a suspension of your driver’s license.

If your BAC does go past 0.18% or if you have a child in the car at the time you’re pulled over, then your condition may be considered an aggravated DUI, which is a class E felony and could land you in jail for four years and a potential fine of $5,000.

If you receive a second conviction for a DUI within 10 years of your first conviction, it may also be considered a class E felony. You could be facing four years in jail, a fine of up to $5,000, a suspension of your driver’s license for one year, 30 days of community service, and the installation of an ignition interlock device onto your vehicle.

If you receive a third conviction for a DUI within five to 10 years of your second conviction, you could be looking at a class D felony. In this case, you could be facing up to seven years in jail, 60 days of community service, a fine of up to $10,000, a possible permanent revocation of your driver’s license, and the installation of an ignition interlock device onto your vehicle.

Possible Defenses Against a DUI

When you are arrested for DUI in New York, you may be feeling overwhelmed and frightened. You may think there is no way out of this, and you are doomed to face the maximum sentence possible. This may not necessarily be the case. It is vital that you reach out to a DUI lawyer as soon as you possibly can so they can start working on establishing your defense. Here are some possible avenues for establishing that defense:

• Malfunctioning Testing Equipment: One way your arresting officer may have determined your state of intoxication is by requesting that you take a breathalyzer test. Breathing into the device allows the device to take an accurate reading of your BAC. However, those tests are not 100% accurate. If they were incorrectly stored, mistakenly calibrated, or administered by an officer without proper training, there may be room for error.
• Medical Condition: There are multiple medical conditions with symptoms that could mimic intoxication. Appearing intoxicated does not necessarily mean that you were. Your lawyer may be able to claim that you have a medical condition that makes you appear intoxicated at times, and this was one of those times. In addition, your breathalyzer results could’ve been altered by the medication you were taking for this condition.

Felony DUI Law FAQs

Q: Is DUI in New York a Felony?

A: Yes, sometimes a DUI can be considered a felony. It is highly unlikely that you will be facing felony charges for a first-offense DUI in New York unless there were aggravating circumstances or you caused a particularly bad accident. However, subsequent DUI arrests could cause you to face felony charges that can only get worse the more times you are convicted of driving while under the influence.

Q: Is Jail Time Mandatory for a First Offense DUI in New York?

A: No, jail time is not mandatory for a first-offense DUI conviction in New York. However, if your BAC was considerably high or you had a minor child in the car at the time of your arrest, there is a good chance you could be facing jail time, as it would be considered an aggravated DUI. Typically, a first-offense DUI charge that has no aggravating factors may result in community service, a fine, or a suspension of your driver’s license.

Q: How Long Does a DUI Stay on Your Record in New York?

A: A DUI can stay on your criminal record in New York for 15 years from the date of your initial conviction. It will also be on your driving record permanently. After 10 years, you can apply to have your DUI conviction sealed from the public record, provided you meet certain criteria, such as:

• No other convictions since.
• No pending charges.
• No more than two convictions.
• You file a motion.

Q: What Is the BAC Level for a DUI in New York?

A: The blood alcohol content (BAC) level for a DUI in New York is 0.08%. A blood alcohol content level of 0.05% is considered legal evidence of impairment. By the time it hits 0.08%, it is considered evidence of intoxication. When it comes to minors under 21 years of age, a blood alcohol content of 0.02% is considered enough to arrest them for DUI under the state’s zero-tolerance law.

Reach Out to a DUI Lawyer Today

Choosing to drive while under the influence can have lifelong consequences. If you ever find yourself being arrested and charged with a DUI, you should reach out to an experienced DUI lawyer as quickly as you can. The sooner you get started on your defense strategy, the sooner you may be able to get your charges reduced or even dismissed. Contact the legal team at Greco Neyland, PC, to speak with a team member and schedule a consultation.