If you’re convicted of a prior DWI in New York State and you’re arrested, you’ll be charged as a second felony offender. As a felony, the prosecutor will treat the case more harshly. The judges will treat the case more harshly. If the prosecutor chooses treat it as a felony after the arrest, he’ll present it to the grand jury. If they indict you, then you’ll end up in county court and you subject yourself to a state prison sentence, felony probation, and a loss of license for at least one year.
A criminal defense attorney can investigate where the prior conviction came from. Up until recently, out-of-state convictions for DWI couldn’t be used in state in New York to elevate the in-state charge to a felony. However, the law was changed several years back and now the New York prosecutor can elevate your current DWI to a felony, even if the prior conviction is from another state.
It’s important for your defense attorney to look into and research that prior conviction to see whether it’s within a 10-year window. It can’t be used if it’s more than 10 years old. Many times they’re not. The differences between states and how they treat DWI offenders can vastly differ. It’s very important for a defense attorney to look into the underlying conviction to see if it’s a proper predicate conviction.
Kevin T. Conway is an experienced criminal attorney serving Rockland County with quality legal services regarding DWIs, drug offenses, violent crimes, sex crimes, juvenile crimes, illegal gun possession, and more. If you need our help, contact The Law Office of Kevin T. Conway today.