Felony DWI Attorney in the Bronx

Charged With a Felony DWI in the Bronx? Protect Your Future With Focused Defense

If you or someone you care about has been arrested and charged with a felony DWI in the Bronx, you are likely feeling overwhelmed and uncertain about what comes next. 

The risks are significant—potential jail time, a lengthy driver’s license suspension, and a criminal record that can follow you long after the case ends. In these moments, you need clear information and someone who can guide you through the local legal system.

At The Law Offices of Elliot S. Kay, we understand the gravity of facing a felony DWI charge. Our team is here to make sure your voice is heard, your options are explained, and every step is taken to protect your rights. As a felony DWI attorney in the Bronx, we approach every defense with personal attention and tireless advocacy.

Call (646) 759-9233 or contact our firm online to schedule your free consultation. Secure a Bronx felony DWI lawyer who is ready to challenge the State's evidence and protect your rights in the Supreme Court.

Understanding Felony DWI Laws in New York

New York State law, specifically the Vehicle and Traffic Law (VTL) § 1192, escalates a standard Driving While Intoxicated (DWI) charge from a misdemeanor to a felony based on two main factors: repeat offenses and the presence of a child passenger. It is critical to have a Bronx felony DWI lawyer who understands these enhancement statutes.

• Aggravated Driving While Intoxicated (Aggravated DWI) with a prior conviction within 10 years: Class E Felony. This applies to a second offense of DWI or Aggravated DWI.
• Third DWI in 10 Years: Class D Felony. This applies to any third conviction for DWI, Aggravated DWI, or Driving While Impaired by Drugs (DWAI-Drug) within the lookback period.
• Aggravated DWI with a Child Passenger (Leandra’s Law): Leandra’s Law is a specific felony statute that applies regardless of prior criminal history. It elevates the offense to a Class E Felony if a person commits DWI while a child under the age of 16 is a passenger in the vehicle. This is prosecuted harshly in The Bronx and carries mandatory consequences, including a requirement to install an Ignition Interlock Device (IID).

Penalties and Collateral Consequences of Felony DWI in New York

The penalties for a felony DWI in New York are severe, carrying mandatory incarceration and decade-long driving restrictions.

• Second DWI in 10 Years (Class E Felony)
  • Minimum sentence: Mandatory 5 days in jail or 30 days of community service
  • Maximum sentence: Up to 4 years in state prison
  • Fines: $1,000–$5,000
  • License revocation: Minimum 18 months
• Third DWI in 10 Years (Class D Felony)
  • Minimum sentence: Mandatory 10 days in jail or 60 days of community service
  • Maximum sentence: Up to 7 years in state prison
  • Fines: $2,000–$10,000
  • License revocation: Minimum 18 months
• Leandra’s Law (Child Passenger) – Class E Felony
  • Minimum sentence: Mandatory jail or probation
  • Maximum sentence: Up to 4 years in state prison
  • Fines: $1,000–$5,000
  • License revocation: Minimum 1 year

Collateral and Long-Term Consequences

Beyond the direct criminal penalties, a felony conviction has permanent ramifications that a skilled Bronx felony DWI lawyer seeks to prevent:

• Vehicle Forfeiture: The local municipality (such as The Bronx) may seek to seize and permanently forfeit your vehicle, even for a first-time offense under Leandra's Law.
• Ignition Interlock Device (IID): Mandatory installation of an IID on any vehicle you own or operate for at least 12 months, starting upon license restoration.
• Permanent Criminal Record: A felony conviction cannot be expunged and will severely limit employment opportunities, housing eligibility, and professional licensing for life.
• Immigration Consequences: For non-citizens, a felony conviction can have devastating consequences, including mandatory deportation proceedings.

Our Comprehensive Approach to Felony DWI Defense

Successfully defending against a felony DWI requires more than just familiarity with DWI law; it demands a deep understanding of forensic science and the rules governing repeat-offender statutes. Our firm’s strategy is built on challenging the prosecution’s case from multiple angles.

• Challenging Prior Conviction Validity: Our firm conducts a thorough collateral review of the records for the prior DWI convictions. If the defendant was not properly advised of their rights, or if there were procedural errors in the prior case, that conviction cannot be used to enhance the current charge to a felony.
• The Rising BAC Defense: We consult with forensic toxicologists to argue that the client's BAC was rising at the time of the test, and was actually below the legal limit of 0.08 at the time they were operating the vehicle.
• Challenging Officer Observations: We use video evidence to contradict the arresting officer's testimony regarding poor driving or poor performance on Field Sobriety Tests (FSTs), arguing that environmental conditions or other physical factors caused the results.
• Leandra's Law Defense: In child passenger cases, our firm focuses on mitigating the potential child endangerment aspect, often presenting evidence of the defendant's character and intent to argue against the most severe sentencing.

What Happens After a Felony DWI Arrest in the Bronx

After a felony DWI arrest in the Bronx, your next steps can strongly affect your outcome. Typically, the process starts with holding and arraignment at Bronx Criminal Court, located at 215 East 161st Street. At arraignment, the judge will read the charges, and bail may be considered depending on the case details.

The immediate process typically involves:

• Initial booking and processing at a Bronx precinct
• Arraignment in Bronx Criminal Court, where charges are formally presented
• Bail review or release decisions, depending on circumstances
• Scheduling of future court appearances, including hearings and trial dates

These early stages can influence everything from pre-trial release to possible plea negotiations. Our team will support you from the moment we are retained—attending court with you, advising on all major decisions, and keeping you informed throughout. 

Every case timeline is different, shaped by charge severity, court scheduling, and prior criminal record. We are dedicated to ensuring you are never left wondering about the next stage or the status of your case.

How Our Team Fights Felony DWI Charges in the Bronx

Defending a felony DWI case requires focused strategies and a thorough understanding of the Bronx legal environment. At The Law Offices of Elliot S. Kay, we start every case with an in-person meeting, taking the time to listen to your account and address concerns. 

Our team knows the Bronx court system—from the procedures at Bronx Criminal Court on East 161st Street to the preferences of local judges and prosecutors. We use this knowledge to give your defense every advantage we can.

From the beginning, we perform a detailed investigation:

• Listening to your story so that no fact is missed
• Reviewing police reports, officer notes, and all case documentation
• Analyzing available video footage or other digital evidence
• Contacting potential witnesses who may impact your case
• Scrutinizing the stop, arrest procedures, and any chemical tests

Our commitment to detailed preparation and consistent communication has earned us respect in Bronx courtrooms and among prosecutors. We strive to give you the strongest chance at protecting your record and future.

Start Your Defense With a Bronx Felony DWI Lawyer Who Listens

If you are ready to defend your rights and move forward, reach out to our team for a confidential consultation. You will speak with a Bronx felony DWI lawyer who is dedicated to your case and your future. We are committed to standing by you, answering your questions, and working diligently on your behalf.

At The Law Offices of Elliot S. Kay, we put your voice at the center of everything we do. With a reputation for honest guidance, detailed preparation, and deep Bronx knowledge, we’re ready to stand up for you every step of the way.

Call us today at (646) 759-9233 or reach out online to begin your defense and discuss your next steps.

Frequently Asked Questions

What are the possible penalties for a felony DWI in the Bronx?

Felony DWI convictions in the Bronx can lead to prison time, significant fines, a permanent criminal record, and the loss of driving privileges for several years. The specific penalties depend on your charge details, criminal history, and the circumstances of your case. Factors such as prior DWI convictions or whether an accident caused injury can increase penalties. While sentencing is set by New York law and decided in Bronx County courts, working with a knowledgeable felony drunk driving attorney Bronx clients rely on can help reduce the risk of the harshest outcomes.

Will I have to go to jail if I'm charged with felony drunk driving?

Jail is a possible outcome for a felony drunk driving conviction, but not every case leads to incarceration. The risk depends on factors like any prior convictions, whether an accident or injury occurred, and how the prosecution approaches your case. We look at your unique situation and explore alternatives where available, such as treatment programs or plea agreements that can limit time behind bars. We keep you informed so you can prepare for every possibility.

How quickly should I contact an attorney after my arrest?

You should contact an attorney as soon as possible following a felony DWI arrest. Early involvement gives us a better chance to protect your rights, preserve evidence, and help you make crucial decisions about bail and pleas. Acting fast strengthens our ability to negotiate with the Bronx District Attorney's Office and guide you at every stage. Prompt legal advice can make a real impact on your defense options.

How does your team approach building a defense for felony DWI cases?

Our defense for felony DWI cases is always built on a thorough review of every detail. We examine the sequence of events, police procedures, and chemical testing processes, looking for opportunities to challenge the prosecution’s facts. With knowledge of what works in Bronx courts, we adapt our investigation and strategy based on factors unique to your experience. Throughout, you are kept informed, and your input helps shape the final defense plan.

Can prior convictions affect my current felony DWI case?

Prior convictions can seriously impact your current case, sometimes making a new charge a felony and heightening possible penalties. We carefully analyze your record to seek out options for challenging past offenses or negotiating for lesser charges. Attention to your prior history is critical—our experience means we know where to look for legal leverage in Bronx felony DWI cases.

What should I expect in my first meeting with your team?

Your first meeting is confidential and judgment-free. We take time to listen, answer your questions, and gather essential details about your arrest and background. Our team will explain the Bronx felony DWI process, what steps are next, and how we can help at each stage. We want you to leave that first meeting feeling heard, informed, and focused on fighting for your future.

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