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[NY] Does a prior DWAI conviction elevate a new DWI charge to a felony?
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I was recently charged with 1192(3), based on a previous DWI conviction, as of today's date. My only other charge is from about five years ago, which was a 1192(1). Is 1192(3) a felony charge? Also, is the district attorney's office correct in charging me with 1192(3), given that I was only convicted of a DWAI, which is a driving infraction?
Where are you located? It matters because laws vary by location.
New York State, and the alleged offense occurred on Interstate 95. I have been going to court at the Village Court of Mamaroneck.
Has anything been filed or reported?
What do you mean by that?
Is there anything else the Criminal Lawyer should know before I connect you? Rest assured they'll be able to help with your DWI charge.
No.
Hey there! Welcome. I'm Andres Sanchez, an attorney with many years of experience. No attorney-client relationship is formed from our conversation. I understand you're dealing with a charge of 1192(3) in New York State, and you're questioning if it's a felony given your previous DWAI conviction. Have you considered any legal steps or protections regarding this matter?
Not sure what you mean by that. But I was recently appointed a new attorney.
Could you tell me when your previous DWAI conviction occurred?
12/2/2021
Based on your situation, there are several legal arguments and considerations in New York State that could potentially support your case. In New York, a charge under Vehicle and Traffic Law § 1192(3) is typically considered a misdemeanor if it's a first or second offense. However, if you have a prior conviction for a similar offense within the last ten years, it could be elevated to a felony. Since your previous conviction was for a DWAI, which is considered a traffic infraction and not a criminal conviction, it may not automatically elevate your current charge to a felony. The distinction between a DWAI and a DWI is significant. A DWAI (Driving While Ability Impaired) is a lesser charge compared to a DWI (Driving While Intoxicated), and it generally carries lighter penalties. The district attorney's decision to charge you with 1192(3) may depend on the specific circumstances of your case and any additional evidence they have. Let me know if you have any questions or clarifications, if not I'll move forward with guidance.
Wouldn't the district attorney be incorrect in elevating the initial charge to a felony, since I had not been convicted of a DWI in the past?
In New York, a prior DWAI conviction is generally considered a traffic infraction, not a criminal conviction like a DWI. This means that it typically wouldn't elevate a new DWI charge to a felony on its own. However, the district attorney might have other reasons or evidence for their decision. It's important to discuss this with your attorney, as they can provide specific legal advice and representation based on the details of your case.
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