When someone is charged with a felony level alcohol-related driving offense, they need an experienced Rochester DWI lawyer.

For the most part, New York State uses a tiered system for its drinking and driving offenses, with first time offenders being charged with a misdemeanor – or even a traffic infraction – and felony charges being reserved for repeat DWI offenders.

There are certain circumstances, however, that may result in felony charges being brought against someone with no prior offenses who has been arrested for drinking and driving.

If a first time offender is arrested for Driving While Intoxicated and has a child fifteen years of age or younger in the vehicle, he or she will be charged with Aggravated Driving While Intoxicated With a Child, which is a class E felony.

This is the most common situation that may give rise to a felony drinking and driving charge for a first time offender.

In rare cases, a first time DWI offender may also be charged with a felony drinking and driving offense based on the type of motor vehicle he or she was driving.

Motor vehicles that may lead to a first time offender being charged with a felony drinking and driving offense include a school bus with at least one student on it and motor vehicles weighing over eighteen thousand pounds which are carrying particularly dangerous items – such as explosives or flammable liquid.

While not strictly drinking and driving offenses, intoxicated drivers who are involved in motor vehicle accidents resulting in death or serious physical injury to another person also may be charged with felony level offenses under New York’s Vehicular Assault and Vehicular Manslaughter laws.

These charges would be brought in addition to any drinking and driving offenses.

A felony level drinking and driving offense carries severe penalties.

If you have been arrested and need legal advice, please call us at 585-484-7432 for a legal consultation.