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Is a DWI a Felony?

Posted by Tilem & Associates || 30-Dec-2016 Overview of Felony DWI Definition

A driver who commits a DWI within ten years of a previous conviction or convictions for an alcohol-related offense may be charged with a felony DWI. The “Class” of the felony depends on a number of prior convictions, as well as the time frame in which they occurred.

The following are other ways you can get charged for a felony DWI:

  • Operation of a motor vehicle while the operator’s driver’s license is suspended pending prosecution for a DWI offense or an unresolved suspension/revocation of the operator’s driver’s license stemming from a DWI conviction

  • Having a passenger in the motor vehicle who is a child 15 years of age or younger

  • Serious physical injury or death of another person other than the driver


A felony DWI conviction for being convicted of two DWI offenses within a span of ten years may result in a prison sentence of up to four years and a fine between $1,000 and $5,000. A third DWI conviction is considered a Class D felony, punishable by a maximum prison sentence of seven years, as well as a fine between $2,000 and $10,000.

Get the Experienced Help of Tilem & Associates

At Tilem & Associates, our White Plains DWI attorneys know what it takes to get your charges reduced, or case dismissed altogether. With more than 25 years of experience, our legal team can review your case and determine all of your legal options in order to obtain the most favorable outcome possible.

If you have been arrested and charged with a DWI in While Plains, NY or the surrounding area, contact us for a free consultation today.