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A DWI can become a felony in New York because of prior convictions, certain child-passenger allegations, serious injury, death, or other aggravating facts. Felony DWI cases carry higher sentencing exposure and require a defense strategy that starts immediately.
Lebedin Kofman LLP defends clients facing felony DWI allegations in New York City, Nassau County, Suffolk County, and related vehicular-crime investigations. The firm reviews both the new allegation and the prior-record or aggravating facts prosecutors claim make the case a felony.
What Is at Stake
Felony DWI exposure may include prison risk, felony probation, license revocation, ignition interlock requirements, fines, surcharges, immigration consequences, employment problems, professional licensing issues, and long-term record damage. A felony conviction can change a client?s life far beyond the traffic stop.
Issues That Need Immediate Review
- Whether the prior conviction or predicate offense legally supports felony treatment
- Whether the accusatory instrument correctly alleges the felony basis
- Whether the stop, arrest, and chemical test were lawful
- Whether injury, child-passenger, or accident allegations are supported by evidence
- Whether prosecutors can prove intoxication or impairment beyond a reasonable doubt
- Whether treatment, mitigation, or reduction strategy can improve the outcome
Evidence We Look For Early
- Prior conviction records, certificates of disposition, and predicate-offense documents
- Stop video, body camera footage, crash reports, and accident-scene photos
- Breath or blood test records, maintenance logs, chain of custody, and lab files
- Medical records, toxicology records, and causation evidence in injury cases
- 911 calls, witness statements, police notes, and officer disciplinary material where available
- Treatment records, mitigation materials, employment records, and family-support documentation
Defense Strategies We Evaluate
- Invalid or insufficient predicate offense proof
- Suppression of stop, arrest, statements, breath, or blood evidence
- Rising BAC, testing error, contamination, or chain-of-custody issues
- Weak proof of operation, intoxication, or impairment
- Causation problems in crash or injury cases
- Negotiation for reduction, treatment-based resolution, hearing strategy, trial, or sentencing mitigation
New York City, Nassau County, and Suffolk County DWI Defense
Felony DWI cases can proceed differently in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County. Grand jury timing, indictment practice, local treatment options, probation posture, and judge-specific sentencing concerns can all matter.
How Lebedin Kofman LLP Helps
The firm reviews the criminal case, DMV consequences, license exposure, evidence preservation, immigration and employment issues, and the client?s practical goals. The defense may involve negotiations, suppression motions, hearings, expert review, trial preparation, plea strategy, mitigation, or sentencing advocacy.
Frequently Asked Questions
Will I lose my license?
License consequences depend on the charge, prior history, refusal allegations, chemical-test result, age, and DMV posture. Because deadlines can move quickly, it is important to review both the court case and the DMV case immediately.
Can video, breath testing, or police paperwork be challenged?
Often, yes. The defense should review body camera footage, patrol video, stop basis, field sobriety instructions, breath-test maintenance and calibration records, refusal warnings, blood-draw procedures, and whether paperwork matches the actual evidence.
Related DWI and Criminal Defense Pages
- New York DWI / DUI Lawyer
- Suffolk County DWI Lawyer
- Nassau County DWI Lawyer
- Vehicular Assault Lawyer
- Vehicular Manslaughter Lawyer
- Leandra Law DWI Lawyer
- Aggravated DWI Lawyer
Request a free consultation if you were arrested, received DWI paperwork, face a DMV hearing, or believe police are investigating a crash or driving allegation.