Felony DUI in New York- a Class E Felony or a Class D Felony


A felony is a crime for which you might serve a minimum of one year jail sentence depending on the violation you have committed. Felonies could be murder, rape, burglary, kidnapping, arson, assault, sexual abuse or weapon possession. If you are convicted with a felony in New York State, the time you will serve will depend on the severity of the offense you committed. New York classifies felonies from E to A with A being the most serious carrying the harsher penalties.

A Felony DUI Definition

Driving under the influence, drinking while intoxicated, or impaired driving are all expressions referring to the act of operating the vehicle while influenced by alcohol or drugs. The BAC limit (blood alcohol concentration) shouldn’t reach or exceed 0.8% in all 50 states; if a person was submitted to a field sobriety test and a chemical test and was found to have a blood alcohol concentration of at least 0.8 he will be convicted of a DUI.

A first DUI is considered as a misdemeanor. A driver convicted of a first DUI will be punished by a fine (500$- 750$) and a direct license suspension that varies from a year to 18 months.

Any repeated DUI, within 10 years, will move the conviction form a misdemeanor to a felony. The first repeated drunken driving, meaning the second DUI conviction, is listed as a class E felony. Even though the Class E holds the lightest sentences of the five classes, a convicted person will face jail for a minimum period of one year. The felony will be aggravated form class E to class D when the driver faces a third drunken driving arrest within 10 years from the first arrest and will be charged with intensive sentences.

Felony DUI Penalty Charges

Felony penalties are resumed in:

  • Class E felony (second DUI conviction) includes a $1,000 to $5,000 fine, a jail sentence from 5 days to 4 years or it could be substituted by a month of community service and a license suspension from a year to 18 months at the least.
  • Class D felony (third DUI conviction) embraces a mandatory fine of at least $2,000, a permanent license cancellation, a jail sentence that could expand from a week and a half to seven years depending on the circumstances or could be replaced by 60 days of community service.

Source: http://www.reulandlaw.com/useful-info/new-york-sentencing-chart

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