Multiple Felony DWI
The penalties for one DWI are severe. They include at least a six month revocation of your driver’s license, fines of approximately $1,000 or more, required attendance at the Mother’s Against Drunk Driving Victim’s Impact Panel and the DMV sponsored Drinking Driver Program (DDP), the installation of an ignition interlock device (IID) in any vehicles the motorist owns or operates (with the exception of vehicles operated at a work facility), alcohol or substance abuse assessment, evaluation and treatment, and possible jail time. If you are charged with a felony DWI, this requires the type of aggressive defense and knowledgeable representation we provide at the Law Office of Mark A. Siesel in White Plains, New York.
In November of 2009, after the death of 11 year old Leandra Rosado, New York State enacted Leandra’s Law, which significantly strengthened the penalties for DWI crimes. In particular, any driver charged with operating his or her vehicle while there is a child 15 years of age or younger in the vehicle is now automatically charged with a felony, without exception, and there will be no plea bargains to a non-felony offense if Leandra’s Law is implicated. Additionally, in any DWI related conviction, the motorist must have an ignition interlock device in any vehicles he or she owns or operates for a period of at least six months, although in practice, judges routinely require that the IID remain in the vehicle(s) for at least one year.
When you are facing a felony DWI involving more than one DWI conviction or guilty plea, there are three additional consequences that must be confronted and challenged to the greatest extent possible, including the possibility of jail time, enhanced fines, and a sentence of probation for a period of between three and five years. A sentence of probation is particularly onerous, in that the person must report to a probation officer on a regular basis for the probationary period, and the Department of Probation must agree to allow the driver to be reinstated to driving privileges. Further, the person is not able to travel without the permission of probation. Thus, we make every effort to persuade the District Attorney’s Office to agree to an offer without probation in a DWI case when possible.
Challenges of a "Lifetime Look Back"
One of the challenges in fighting a felony DWI charge is the “lifetime look back” in which previous DWI convictions are taken into consideration as part of the charges and potential outcome of your new charges. Thus, a youthful mistake you made decades ago could result in severe consequences, including jail time, probation and revocation of your driver’s license for an extended period of time.
Investigating Your Felony Drunk Driving Charge
At the Law Office of Mark A. Siesel, we diligently defend clients charged with multiple or felony drunk driving charges. Whether you are facing your first DWI charge or you have had convictions in the past, we conduct a thorough investigation, bringing in all available data on the initial stop to determine if there was probably cause for the traffic stop. We scrutinize any testing that was done, including:
Knowledge and Experience Put to Work for You
Our experience litigating cases for the last 26 years is put to work for you from the moment you enter our office until your case is resolved. While there are challenges that face us in a felony drunk driving case, we fight aggressively to overcome those obstacles. Too much is at stake, including your freedom, license suspension or revocation, the possibility of probation, and unaffordable insurance rates.
To obtain more information or to schedule an appointment with an experienced lawyer regarding multiple DWI charges or a felony DWI charge, please contact us for a free initial consultation today.