You’ve had a few drinks, you’re driving home, and suddenly you hear that sickening crunch of metal on metal. Your first instinct might be to panic and drive away, hoping nobody saw what happened. That split-second decision to flee the scene just turned your misdemeanor DWI into a potential felony nightmare that could land you in state prison.
New York doesn’t mess around when it comes to drunk driving, and they really don’t mess around when you compound that mistake by running away. Let me walk you through exactly what you’re facing when these charges combine, because understanding the stakes might be the difference between making smart legal decisions and watching your life fall apart.
At Lebedin Kofman LLP, our Nassau County DWI attorneys have a proven track record of favorable results in DWI cases. We can identify critical errors commonly made following a DWI arrest, guide you through the complex legal proceedings, and safeguard your rights throughout the process.
Contact Lebedin Kofman LLP today at (646) 663-4430 or reach out online to discover how our DWI lawyers can help with your case.
New York’s DWI Laws: More Complex Than You Think
New York recognizes several levels of alcohol and drug-related driving offenses under Vehicle and Traffic Law § 1192, and each one carries escalating penalties that can seriously mess up your life.
Driving While Ability Impaired (DWAI): The “Lesser” Evil
DWAI by alcohol applies when your BAC measures between 0.05% and 0.07%, or when alcohol impairs your ability to drive safely. This is technically just a traffic infraction, not a crime, but don’t let that fool you into thinking it’s no big deal:
- First offense: $300-$500 fine, up to 15 days in jail, 90-day license suspension
- Second offense within 5 years: $500-$750 fine, up to 30 days in jail, minimum 6-month license revocation
- Third offense within 10 years: $750-$1,500 fine, up to 180 days in jail, minimum 6-month revocation (and now it becomes a misdemeanor)
The key thing to understand about DWAI is that it’s based on impairment, not just BAC. You can get convicted even if your BAC is under 0.05% if the prosecutor can prove the alcohol affected your driving ability.
Driving While Intoxicated (DWI): Where Things Get Serious
Standard DWI kicks in when your BAC hits 0.08% or higher, or when intoxication substantially impairs your driving ability. This is a misdemeanor offense that creates a permanent criminal record:
- First offense: $500-$1,000 fine, up to 1 year in jail, minimum 6-month license revocation
- Second offense within 10 years: $1,000-$5,000 fine, up to 4 years in prison (Class E felony), minimum 1-year revocation
- Third offense within 10 years: $2,000-$10,000 fine, up to 7 years in prison (Class D felony), minimum 1-year revocation
Notice how quickly this escalates to felony territory. Your second DWI within 10 years is automatically a felony, even if nobody got hurt.
Aggravated DWI: The Big Leagues
Aggravated DWI applies when your BAC reaches 0.18% or higher, or when you’re driving under the influence with a child 15 years or younger in the vehicle (thanks to Leandra’s Law):
- First offense: $1,000-$2,500 fine, up to 1 year in jail, minimum 1-year license revocation
- Second offense within 10 years: $1,000-$5,000 fine, up to 4 years in prison (Class E felony), minimum 18-month revocation
- Third offense within 10 years: $2,000-$10,000 fine, up to 7 years in prison (Class D felony), minimum 18-month revocation
A BAC of 0.18% means you’re more than twice the legal limit. At that level, you’re seriously impaired, and the courts treat it accordingly. If you are found guilty of driving under the influence with a child 15 years or younger in the car, it is an automatic felony.
Leaving the Scene Laws: When Running Makes Everything Worse
New York Vehicle and Traffic Law § 600 requires drivers involved in accidents to stop, exchange information, and report incidents under specific circumstances. The penalties depend on what kind of damage or injury occurred.
Property Damage Only: The “Minor” Hit and Run
When an accident involves only property damage, you must provide your name, address, insurance information, and driver’s license number to the other party or police. Fail to do that, and you’re looking at:
- Up to $250 fine
- Up to 15 days in jail
- No criminal record (it’s just a traffic infraction)
This might not sound too bad, but remember, we’re talking about combining this with DWI charges.
Personal Injury: Now It’s a Crime
When someone gets injured in an accident, failing to stop and provide required information becomes a Class B misdemeanor:
- Up to $250 fine
- Up to 90 days in jail
- Permanent criminal record
Serious Injury or Death: Felony Territory
If the accident results in serious physical injury or death, leaving the scene becomes a Class D felony:
- Up to 7 years in prison
- Substantial fines
- Permanent felony conviction
This is where things get really ugly, especially when combined with DWI charges.
When DWI Meets Hit and Run: A Perfect Storm
When intoxicated drivers flee accident scenes, they face multiple charges that can result in dramatically enhanced penalties. This isn’t just adding one charge to another; it’s creating a legal nightmare that can destroy your life.
Overlapping Penalties That Stack Up
Defendants facing both DWI and leaving the scene charges encounter:
- Separate convictions for each offense with consecutive sentences possible
- Enhanced penalties for repeat offenses across both charge categories
- Extended license revocations that may run consecutively rather than concurrently
- Multiple fine structures from both criminal and traffic penalties
The judge can decide to run your sentences consecutively, meaning you serve time for the DWI, then serve additional time for leaving the scene. We’re not talking about a few extra months here; we’re talking about potentially doubling your prison time.
Vehicular Crimes: When Everything Goes Wrong
DWI hit-and-run cases often escalate to more serious vehicular crimes when injuries or deaths occur:
- Vehicular Assault (Penal Law § 120.03): When DWI causes serious physical injury, you’re looking at Class E felony charges with up to 4 years in prison.
- Aggravated Vehicular Assault (Penal Law § 120.04-A): Class C felony with up to 15 years in prison when vehicular assault occurs with aggravating factors like BAC over 0.18% or multiple victims.
- Vehicular Manslaughter Second Degree (Penal Law § 125.12): Class D felony with up to 7 years in prison when DWI results in death.
- Vehicular Manslaughter First Degree (Penal Law § 125.13): Class C felony with up to 15 years in prison when vehicular manslaughter occurs with aggravating factors.
- Aggravated Vehicular Homicide (Penal Law § 125.14): Class B felony with 8⅓ to 25 years in prison for the most serious vehicular death cases.
These aren’t theoretical charges. Prosecutors use them regularly, and judges hand down these sentences all the time.
Administrative Penalties: The Hits Keep Coming
Beyond the criminal charges, you’re facing a whole separate set of administrative penalties that can make your life miserable for years.
Ignition Interlock Devices: Your New Best Friend
New York’s Leandra’s Law mandates ignition interlock devices (IID) for all DWI convictions, including first offenses. Here’s what you’re looking at:
- Mandatory installation within 10 business days of court order for all DWI convictions
- Minimum 12-month period of use, with possible extensions
- Monthly monitoring and maintenance at your expense
- Circumvention penalties including Class A misdemeanor charges for tampering
The devices require breath samples before starting the vehicle and periodic “rolling retests” while driving. Installation and monthly monitoring costs typically range from $70-$150 per month, paid entirely by you. Over a year, you’re looking at close to $2,000 in costs.
Driver Responsibility Assessment: The Gift That Keeps on Giving
All DWI convictions trigger a Driver Responsibility Assessment (DRA), a three-year fee separate from court fines:
- Alcohol/drug-related offenses: $250 annually for three years ($750 total)
- Point accumulation (6+ points in 18 months): $100 annually plus $25 for each point over 6
- Failure to pay results in automatic license suspension regardless of other penalties
This is on top of all your other fines and fees. The state wants to make sure you remember your mistake for years to come.
Chemical Test Refusal: Damned If You Do, Damned If You Don’t
Refusing a breathalyzer or blood test carries separate penalties under New York’s implied consent law:
- First refusal: $500 civil penalty, minimum 1-year license revocation
- Second refusal within 5 years: $750 civil penalty, minimum 18-month revocation
- Commercial drivers: 18-month minimum revocation even for first refusal
Here’s the kicker: you can be convicted of DWI even if you refuse the test. The refusal itself becomes evidence of consciousness of guilt, and prosecutors can still prove intoxication through officer observations and field sobriety tests.
Defense Strategies: Fighting Back Against the Machine
When you’re facing combined DWI and leaving the scene charges, you need aggressive defense strategies that attack every element of the prosecution’s case.
Pre-Trial Motions and Challenges
Experienced DWI attorneys employ various defense strategies:
- Suppression motions challenging the legality of traffic stops, searches, and arrests based on Fourth Amendment violations. If the initial stop was illegal, everything that followed gets thrown out.
- Breathalyzer challenges questioning the accuracy of testing equipment, maintenance records, and operator certification. These machines break down, get calibrated incorrectly, and operators make mistakes.
- Field sobriety test reliability attacking the standardization and administration of coordination tests. These tests are subjective, and officers often don’t administer them correctly.
- Miranda violations when defendants make incriminating statements without proper warnings. Anything you said without being properly Mirandized can potentially be suppressed.
Plea Negotiations: Sometimes the Best You Can Do
Prosecutors may consider reduced charges in appropriate cases:
- DWI to DWAI reduction eliminates criminal record and reduces penalties
- Leaving the scene reductions from felony to misdemeanor level
- Sentence negotiations for concurrent rather than consecutive terms
- Alternative sentencing including treatment programs and community service
The key is having an attorney who knows which prosecutors are willing to negotiate and what they’re looking for in return.
Trial Defenses: Going to War
When cases proceed to trial, defense attorneys can challenge:
- Probable cause for the initial traffic stop
- Officer observations regarding intoxication symptoms
- Chain of custody for blood or breath samples
- Expert testimony regarding BAC calculations and retrograde extrapolation
Trials are risky, but sometimes they’re your best option when the prosecution’s case has holes.
The Smart Play: Prevention and Risk Mitigation
Understanding the severe consequences of combined DWI and leaving the scene charges should make one thing crystal clear: prevention is everything. Here’s what smart people do:
- Use designated drivers and ride-sharing services to avoid impaired driving
- Consult with an attorney immediately following any arrest
- Report accidents promptly to minimize additional charges
- Consider treatment programs to address underlying substance abuse issues
When Everything Is on the Line
The intersection of DWI and leaving the scene laws creates a legal minefield where single incidents can result in multiple felony charges, extended prison sentences, and lifelong consequences. We’re not talking about minor inconveniences here; we’re talking about decisions that can destroy careers, break up families, and land you in state prison.
If you’re facing these charges, you need to understand that the prosecution has significant advantages. They have forensic evidence, officer testimony, and public sentiment on their side. Juries don’t like drunk drivers, and they really don’t like drunk drivers who run away from accidents.
That’s exactly why you need experienced criminal defense counsel who knows how to navigate this complex legal landscape. These cases require attorneys who understand both the technical aspects of DWI law and the strategic considerations involved in defending against multiple serious charges.
The stakes are too high for anything less than aggressive, experienced representation. Your freedom, your future, and your family’s well-being depend on making the right legal decisions from the moment you’re arrested.
Our Nassau County criminal defense lawyers at Lebedin Kofman LLP are ready to advocate for you. As your legal counsel, we will work diligently to pursue a reduction or dismissal of your charges. Call us at (646) 663-4430 to arrange your free consultation.
This article provides general information about DWI in New York. Every case is unique, and you should consult with a qualified criminal defense attorney about your specific situation.