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Felony DWI in New York

Westchester Criminal Defense Attorney – 914-241-0004

New York uses strict penalties for people convicted of a first-time or misdemeanor driving while intoxicated (DWI) charge. The consequences will increase dramatically for subsequent DWI convictions, or first-time convictions under unique circumstances. If you are facing charges that could put you behind bars for more than a year, you need to find a highly experienced and award winning New York criminal defense attorney you can depend on.

Westchester DWI Defense Attorney Robert Schuster of The Law Offices of Robert Schuster has never lost a DWI trial and has an overall 95% trial success rate . To date, Attorney Schuster has never allowed a defendant whose sole top count was a DWI to go to jail or state prison on a felony or misdemeanor. He has also been named as a Top DWI Lawyer in New York by the American Institute of DWI Attorneys. When it comes to knowing DWI law inside and out, top to bottom, there are simply not many other legal professionals who can compare to Attorney Robert Schuster.

To get our law firm in your corner, contact us today and ask for a free telephone consultation.

How DWI Charges Escalate to Felonies in New York

DWI charges in New York essentially have only two ways to escalate to a felony: time between a prior conviction and a new charge or the presence of a child. If either is a factor in your DWI arrest, then you could be facing felony charges.

  • Time: New York uses a 10-year lookback rule for DWI charges. If there is a DWI conviction on your driving and criminal record within the last 10 years, then a new DWI charge will become a felony.
  • Presence of a child: New York adopted Leandra’s Law in 2009, which makes it an automatic felony to drive a motor vehicle with a blood alcohol concentration (BAC) level of 0.08 or greater and with a child in the car aged 15 or younger.

The first time you are charged with a felony DWI, it will be categorized as a class “E” felony. Incarceration for class E felonies in New York can range from 16 months to 4 years in prison. The second time you are charged with a felony DWI, it will be categorized as a class “D” felony. Incarceration for class D felonies in New York can range from 28 months to 7 years in prison.

Award-Winning DWI Defense at Your Service

With the penalties associated with a felony DWI being so stringent in New York, you truly cannot take your chances with your representation. Set yourself up for a strong chance of success with our Westchester County DWI lawyer. Using his tactical skill, experience, and deep insight, Attorney Robert Schuster can prepare your defense for anything the prosecution may use against you.

Call 914-241-0004 to get a free consultation over the phone.

Recent Reviews, Testimonials, & Stories From Our Clients

We've Successfully Resolved Thousands of Criminal Cases
  • "My DWI case was fully dismissed."

    “After getting a DWI, I thought I needed any lawyer to help. I hired a local lawyer and immediately had regrets in his lack of effort and care for optimal results. After extensive research I called Rob ...”

    - P.T.
  • "The outcome of the case was very favorable...misdemeanor and conditional discharge off a DWI felony."

    “I retained Attorney Schuster for a criminal matter three years ago. The potential outcome for me could have been devastating to my family, my career and to myself. Mr. Schuster handled my case with ...”

    - R.B.
  • "Robert Schuster is an outstanding attorney who works tirelessly for the best outcome for his clients."

    “Robert Schuster is an outstanding attorney who works tirelessly for the best outcome for his clients. Our special needs child faced serious felony charges, when in fact, he was the victim. Robert ...”

    - Jane J.
  • "I know Robert Schuster to be both a tenacious advocate and a brilliant tactician"

    “I know Robert Schuster to be both a tenacious advocate and a brilliant tactician. I have known Rob for over thirty years, but I recently had the pleasure of working with him on a complex, ...”

    - Matt S.
  • "Highly professional"

    “Highly professional. Rob managed our family's legal case with professionalism, kindness, and expertise. It's no fun navigating the criminal justice system, so being able to rely on Rob was immensely ...”

    - William G.
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