Repeat or extremely intoxicated DWI offenders who are charged with Vehicular Assault in the First Degree face serious penalties and need the help of an experienced Buffalo criminal defense lawyer.
First Degree Vehicular Assault is a class D felony. A conviction will lead to a permanent criminal record and is likely to result in the defendant having to serve time in jail.
A driver convicted of this offense may be sentenced to serve a term of incarceration in a New York State prison of up to 7 years.
While incarceration is common when a person is convicted of this charge, it is not mandatory.
If the court decides incarceration is not necessary, it is authorized to impose a sentence of up to five years of probation.
If the court limits any jail term to less than six months, it may impose a sentence combining incarceration and probation.
In addition to these penalties, the court may require the defendant to pay a fine of up to $5,000.
There also are additional financial penalties on top of any fine consisting of a mandatory surcharge of $300, a Crime Victim Assistance fee of $25, and a DNA fee of $50.
The law requires that the driver’s license of anyone convicted of Vehicular Assault in the First Degree be revoked for a minimum period of six months.
Unlike some DWI charges, the law does not allow a driver convicted of this offense to obtain a conditional license to drive for work or school.
When the defendant’s license is reinstated, he or she will be required to have an ignition interlock device installed on any vehicle driven if the court’s sentence included either probation or a conditional discharge.
This offense carries severe penalties. If you have been arrested for a DWI related offense and need help, we can be reached at 585-484-7432.