Latest / BSPE Legal Marketing Podcast / Felony DWI Defense for Multiple DWI Offenses in Suffolk County, NY - Jason Bassett

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Felony DWI Defense for Multiple DWI Offenses in Suffolk County, NY - Jason Bassett · BSPE Legal Marketing Podcast

• 0:00
  Felony DWI Defense for Multiple DWI Offenses in Suffolk County, NY A second or third DWI arrest in New York is not simply another traffic matter — it is a felony charge that can send you to state prison.
• 0:13
  New York law elevates a DWI to a felony when a driver carries a qualifying conviction within the prior 10 years, or when a child age 15 or younger is in the vehicle at the time of arrest.
• 0:24
  A second DWI or DWAI-Drug offense within 10 years is charged as a Class E felony, carrying up to four years in state prison and a license revocation of at least one year.
• 0:36
  When that second offense involves an Aggravated DWI with a blood alcohol content of .18 or higher, the mandatory license revocation increases to at least 18 months.
• 0:48
  A third DWI or DWAI-Drug violation within 10 years escalates to a Class D felony, carrying up to seven years in state prison and at least 18 months of license revocation.
• 1:00
  Suffolk County prosecutors maintain strict positions on plea offers for third-offense charges, creating a heavy presumption toward state prison at sentencing.
• 1:09
  Leandra's Law adds another layer of exposure by making it a Class E felony to drive while intoxicated with any passenger age 15 or younger, even for a first-time offender with no prior record.
• 1:21
  An arrest under Leandra's Law also triggers a mandatory report to the New York State Central Register of Child Abuse and Maltreatment, compounding the consequences far beyond the courtroom.
• 1:30
  New York's 10-year lookback period is measured from the date of the current offense back to the date of a prior conviction, not the arrest date, and out-of-state convictions from New Jersey, Connecticut, or Pennsylvania can also count as predicate offenses.
• 1:44
  One important distinction to understand is that a standard alcohol-related DWAI under VTL Section 1192.1 is a non-criminal traffic infraction and cannot elevate a future arrest to a felony, but DWAI-Drug, DWAI-Combination, and Aggravated DWI convictions all qualify.
• 2:03
  Felony DWI cases in Suffolk County begin in local district or town court for arraignment, then move through a grand jury process before being transferred to Suffolk County Court in Riverhead, where the District Attorney's Office handles prosecution.
• 2:16
  Each stage of that court process presents distinct legal opportunities, including challenging the validity of a predicate conviction, contesting chemical test procedures, or negotiating before an indictment is returned.
• 2:29
  Jason Bassett brings over 25 years of criminal defense experience to every felony DWI case, personally handling matters from arraignment through final disposition as a dedicated defense attorney.
• 2:40
  When your freedom, your license, and your future are on the line, working with a knowledgeable DWI lawyer who understands Suffolk County's courts and procedures can make all the difference in your outcome.
• 2:50
  Contact the Law Offices of Jason Bassett, P.C. at 631, 259, 6060, located at 320 Carleton Ave # 4200, Central Islip, NY 11722, United States, to schedule your case consultation today.