Talk to a DUI lawyer right now!

Felony DWI Buffalo New York NY

Reader’s Question:

What does it mean if a DWI case is a felony DWI? I heard my parents talking that my father’s DWI case here in Buffalo, New York is a felony case.

Camille

Buffalo, NY

Your father’s DWI case in Buffalo, New York might not be his first DWI charge. In general, felony DWI charges in the state of New York happen if the defendant has a previous DWI conviction within the past 10 years. This is the most common scenario that could lead to felony charges involving a DWI. Another example of felony DWI is if the DWI itself is a misdemeanor but the driver is charged with some other felony, like vehicular manslaughter if someone is killed.

Felony cases are definitely more serious than misdemeanors and include the possibility of state prison time. In the court system of the state of New York, these more serious criminal cases are mostly handled in the higher level courts. Misdemeanor cases stay in local courts and most of the substantive work in a felony is done in County Court. The prosecutors in felony cases tend to be more experienced and more thorough than local court prosecutors. Also, they have fewer cases so that they could devote more time to each case. Therefore, an accused less likely to win a DWI case through prosecutor error but police errors are still common in these cases and they are certainly winnable.

Tags: drunk driving laws, DWI, DWI lawyer