Felony DWI Lawyer New York — What Are Your Defense Options?
A felony DWI charge in New York is a serious offense under Vehicle and Traffic Law § 1193, carrying potential state prison time, large fines, and a permanent criminal record. Law Offices Of SRIS, P.C. provides defense for felony DWI cases in New York County (Manhattan).
New York Felony DWI Law
In New York, a DWI (Driving While Intoxicated) is typically a misdemeanor. However, specific circumstances elevate the charge to a felony. The primary statute governing these offenses is New York Vehicle and Traffic Law (VTL) § 1193. A felony DWI is classified as a Class D or Class E felony, depending on the specific charge and the defendant’s prior record. The most common felony DWI charges are Aggravated DWI (per se BAC of 0.18% or higher) as a first offense, DWI with a child passenger under 16 (Leandra’s Law), and repeat DWI offenses within a 10-year look-back period.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of the law, refer to New York VTL § 1193 (official New York State Senate). Court procedures and forms can be found at the New York County Supreme Court website.
- Initial Arrest & Arraignment: You will be processed and arraigned, where bail conditions are set. A felony DWI law firm New York can argue for your release.
- Grand Jury Indictment: For felony charges, the prosecutor must present evidence to a grand jury to secure an indictment.
- Pre-Trial Motions: Your attorney files motions to suppress evidence, such as an illegal stop or faulty breathalyzer calibration.
- Plea Negotiations: Your lawyer negotiates with the District Attorney’s office, potentially seeking a reduction to a misdemeanor.
- Trial or Resolution: If no plea agreement is reached, your case proceeds to a jury trial in New York County Supreme Court.
- Sentencing: If convicted, the judge imposes a sentence based on statutory guidelines and any mitigating factors presented by your defense.
Penalties for Felony DWI in New York
In New York County (Manhattan), a felony DWI conviction carries severe penalties including state prison, large fines, and a lengthy license revocation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| DWI (2nd in 10 years) | Class E Felony | Up to 4 years | $1,000 – $5,000 | Revocation: min. 1 year | Ignition Interlock, felony record |
| Aggravated DWI (1st, BAC 0.18+) | Class E Felony | Up to 4 years | $1,000 – $2,500 | Revocation: 1 year | Ignition Interlock, felony record |
| DWI with Child Passenger (Leandra’s Law) | Class E Felony | Up to 4 years | $1,000 – $5,000 | Revocation: min. 1 year | Ignition Interlock, felony record, child endangerment |
| DWI (3rd+ in 10 years) | Class D Felony | Up to 7 years | $2,000 – $10,000 | Revocation: min. 1 year | Ignition Interlock, permanent felony record |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Felony DWI Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex criminal defense. Our approach is grounded in a detailed review of every case detail, from the initial traffic stop to the calibration logs of breath testing equipment. We understand that a felony DWI charge threatens your freedom, livelihood, and reputation. Our team, led by Mr. Sris, is committed to providing a strong, strategic defense. We challenge the prosecution’s evidence at every stage, seeking dismissals, reductions, or acquittals to protect your future.
Case Results & Client Advocacy
While specific case results in New York County are not disclosed here, our firm-wide record across Virginia, Maryland, New Jersey, New York, and D.C. includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. Every case is unique, and we dedicate our resources to achieving the best possible result in your felony DWI matter.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Manhattan Residents
Our New York location serves clients at New York County (Manhattan) courts, accessible via FDR Drive, West Side Highway, and all subway lines. If you are searching for a felony DWI lawyer near Manhattan or near the New York County Supreme Court at 60 Centre Street, we are here to help. We represent clients from neighborhoods including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
Contact Our New York Location
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Felony DWI Lawyer New York — FAQs
What makes a DWI a felony in New York?
Yes. A DWI becomes a felony in New York under several conditions: if it is your second DWI offense within 10 years, if it is a first-time Aggravated DWI with a BAC of 0.18% or higher, if you had a child passenger under 16 (Leandra’s Law), or if it is your third or subsequent offense within 10 years. These are prosecuted under VTL § 1193.
Can a felony DWI be reduced to a misdemeanor?
It depends. A skilled felony DWI attorney New York can negotiate with prosecutors for a reduction, especially if there are weaknesses in the evidence, such as problems with the traffic stop, breath test administration, or calibration records. The likelihood depends on the specific facts of your case and your prior record.
What is the penalty for a first-time felony DWI in New York?
For a first-time Aggravated DWI (BAC 0.18%+) or a DWI with a child passenger, the penalty is a Class E felony. This can mean up to 4 years in state prison, a fine of $1,000 to $5,000, a license revocation for at least one year, and mandatory installation of an ignition interlock device.
How long will a felony DWI stay on my record?
A felony DWI conviction results in a permanent criminal record in New York. It cannot be sealed or expunged under current New York law. This can affect employment, housing, professional licensing, and immigration status indefinitely.
Do I need a lawyer for a felony DWI arraignment?
Yes. The arraignment is your first court appearance where bail is set. Having a felony DWI law firm New York present can argue for your release on your own recognizance or for reasonable bail conditions. An attorney can also begin gathering case details immediately.
Related Legal Information
If you are facing other charges, our firm also handles business law, civil litigation, and DUI defense in Manhattan. For more information on traffic defense across New York, visit our New York traffic lawyer hub page. We also serve clients in Albany County and Broome County.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.