Felony DWI Lawyer New York, NY
A felony driving while intoxicated charge in New York puts your license, your freedom, and your future at risk. Law Offices Of SRIS, P.C., practicing in New York since 1997, handles serious DWI matters throughout the state — from New York County to upstate communities. Mr. Sris, a former prosecutor, and his Of Counsel team concentrate in criminal defense, including aggravated DWI, repeat-offense DWIs, and vehicular crimes. We appear in New York City Criminal Court, Supreme Court in all five boroughs, and county courts across the state. If you are facing a felony DWI charge, early preparation starts with advice from an experienced attorney. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Felony DWI Means in New York
Under New York Vehicle and Traffic Law § 1192, a driving while intoxicated offense becomes a felony when certain aggravating factors are present. A second DWI charge within ten years is a Class E felony. A third charge is a Class D felony. Felony charges also apply when a driver operates a vehicle with a blood alcohol concentration of .18 or higher (aggravated DWI) while a child under 16 is a passenger, or when a DWI causes serious physical injury to another person. Because New York treats felony DWI as a serious criminal matter, the case moves through the Criminal Court system — not the Traffic Violations Bureau, which handles only infractions.
In New York County and the other four boroughs, DWI arrests and charges are handled by the New York City Criminal Court. In upstate counties, cases proceed in the local city, town, or village justice courts, with felony matters moving to county court after indictment. A conviction carries potential state prison time, substantial fines, mandatory surcharges, and a driver’s license revocation. The timeline, procedural requirements, and potential outcomes depend on the specific facts of the case, the defendant’s prior history, and the discretion of the prosecutor and court.
How Mr. Sris and His Of Counsel Handle Felony DWI Cases
Mr. Sris and his Of Counsel team begin building a defense immediately. In a felony DWI matter they examine the legality of the traffic stop, the administration of field sobriety and chemical tests, whether Miranda warnings were given, and whether the police followed the protocols required under New York law. Every felony DWI case presents opportunities to challenge the evidence — from the maintenance and calibration records of breath-testing equipment to the handling of blood samples and the training of the officers who conducted the stop.
The process may involve pre-trial motion practice to seek suppression of evidence, negotiation with the prosecutor’s office to pursue a reduced charge when the facts support it, and, if necessary, trial before a judge or jury. Mr. Sris and his Of Counsel appear in criminal courts throughout the state, including the New York City Criminal Court in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, and county courts in Nassau, Suffolk, Westchester, and points north. Because Mr. Sris is a former prosecutor, he understands how the other side builds and evaluates a case — an insight that informs the defense strategy from the first consultation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey. His background as a former prosecutor gives him a practical, firsthand understanding of criminal DWI litigation. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. Over 4,739 results have been documented for the firm. The firm’s New York location at 50 Fountain Plaza, Suite 1400, Buffalo, NY 14202 serves clients statewide, from New York County to the Capital District and Western New York. Contact us at (888) 437-7747 for a consultation by appointment.
Frequently Asked Questions
What is a felony DWI in New York?
A felony DWI in New York is a driving while intoxicated offense charged as a felony because of a prior DWI conviction within ten years or because of an aggravating factor. Under New York law, a second DWI within ten years is a Class E felony. A third within ten years is a Class D felony. A DWI that causes serious physical injury, or an aggravated DWI with a child passenger, may also be charged as a felony. Felony DWI is prosecuted in criminal court, not at the Traffic Violations Bureau, which only handles traffic infractions.
What penalties can I face for a felony DWI in New York?
A felony DWI conviction in New York can result in state prison time, substantial fines, mandatory surcharges, and a driver’s license revocation. The specific sentence depends on the statutory class of the felony, the defendant’s criminal history, and any aggravating circumstances. In addition to the criminal penalties, a felony DWI conviction carries lasting consequences for employment, professional licensing, and immigration status. An experienced defense attorney can work to identify factual and legal defenses that may reduce the charge or lead to a not-guilty verdict.
Does the TVB handle DWI charges in New York City?
No, the Traffic Violations Bureau does not handle DWI charges. The TVB has jurisdiction only over traffic infractions. A driving while intoxicated charge in New York City is a criminal matter prosecuted in the New York City Criminal Court. The case will be heard before a judge, not an administrative law judge. Understanding this distinction is critical because the procedural rules, burden of proof, and potential consequences are very different from those of a traffic ticket.
Do I need a lawyer for a felony DWI charge in New York County?
Yes, because a felony DWI conviction can lead to incarceration, a permanent criminal record, and the loss of driving privileges. In New York County, felony DWI cases are heard in the New York City Criminal Court. The rules of evidence and criminal procedure apply. An attorney can investigate whether the stop was lawful, whether the chemical tests were properly administered, and whether the prosecution’s evidence meets the constitutional and statutory standards. Without a lawyer, you risk making decisions that affect the outcome of the case and your future.
What should I do if facing felony DWI charges in New York?
If you are facing felony DWI charges in New York, remain silent and ask for an attorney before answering any questions. Do not discuss the facts of the stop or arrest with anyone other than your lawyer. Preserve any documents, receipts, or witness information that may be relevant. Contact a defense attorney as early as possible so that evidence can be preserved and any deadlines — such as those for requesting a DMV hearing — can be met.
How does a lawyer defend a felony DWI in New York?
A defense lawyer challenges the prosecution’s evidence by examining the legality of the traffic stop, the validity of field sobriety and chemical tests, and the chain of custody of samples. In felony DWI cases, strategies may include moving to suppress evidence obtained through an unlawful stop, questioning the calibration of breath-testing devices, and raising factual issues regarding who was driving. Each case is unique, and the approach depends on the particular facts and the applicable provisions of the New York Vehicle and Traffic Law and criminal procedure law.
NYC Criminal Court Information ·
NY VTL § 1192
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