Attorney Representing
Upstate New York Drivers

New York less strict on felony DWI offenses

| Jul 24, 2015 | Drunk Driving |

As a previous post pointed out, a felony DWI could carry serious penalties for those accused of multiple drunk driving offenses in the state of New York. Moreover, if an individual is accused of causing a drunk driving accident, these consequences could be more severe. Despite that, when compared with other states, the penalties associated with DUIs are not as strict as others.

Because roughly 10,000 people die in the U.S. as a result of impaired driving, a study was recently conducted to examine the strictness and leniency of DUI laws in various states across the nation. While New York was not placed on either extremity for strictness or leniency, it was determined that New York was not only less strict than most states, but it also had different standards for felony drunk driving offenses.

First, New York law does not use the term DUI, but rather driving while intoxicated or driving while ability impaired. In order for a driver to face a felony for a DWI, it must be their second offense. Additionally, first-time offenses do not require minimum jail time like other states do. Moreover, a DWI offense affects the criminal record of a driver for 10 years and only requires a licenses suspension for one month.

While certain factors or circumstances could lead to stricter penalties for those accused of drunk driving in New York, the consequences often associated with a felony DWI charge is relatively lesser than most states. Despite this, the consequences a New York driver could endure could still greatly impact his or her life.

Understanding the criminal defense process could help defendants take proper action such as dismissing evidence. This could ultimately lead to reduced or dismissed charges.

Source:, “New York Not So Strict on DUI Offenses, New Study Shows,” July 18, 2015