A 49-year-old man from Pelham Road was charged with felony drunk driving on June 7. The driver, S.L., was convicted of driving while intoxicated in July 2004, which turned the latest charge into a felony. Police claim S.L. had watery eyes, breath that smelled of alcohol and was slurring his speech when police found his motor vehicle on Union Street while responding to reports of a reckless driver. After completing a field sobriety test, S.L. refused a chemical test at police headquarters.
In the state of New York, a second or third driving while intoxicated (DWI) conviction within 10 years of a prior conviction is considered a felony. If you are convicted of a second DWI within 10 years of a prior conviction, you will be guilty of a Class E felony. Penalties may include fines between $1,000 and $5,000, up to 4 years in prison, 5 years of probation and a 1-year license revocation. You may also be required to pay mandatory state surcharges and allow an ignition interlock device to be installed in your vehicle. You will also be required to spend 5 days in jail or perform 30 days of community service, if the prior DWI conviction was within 5 years. The penalties for a third DWI within 10 years, a Class D felony, are more severe.
Even though it may seem like you cannot fight the charges, you don't have to plead guilty without defending your freedom. I am a former prosecutor who has experience prosecuting DWIs and I can help you. DWI cases are involve a lot of tests, including field sobriety tests and breath tests, which have been proven to be unreliable. If the arresting officer did not properly arrest you, your case may also be thrown out. To learn more about possible DWI defenses, take advantage of my free case evaluation or contact a Rockland County DWI attorney from the Law Office of Brain Berkowitz today!