Felony DWI Lawyer Kings County — What Are the Penalties?
A felony DWI in Kings County (Brooklyn) is a serious criminal charge under NY VTL § 1192, with penalties including state prison time, substantial fines, and a permanent criminal record. Law Offices Of SRIS, P.C. provides defense for felony DWI charges in Kings County. You need a felony DWI lawyer Kings County to protect your rights and future. Call (888) 437-7747 for a 24/7 consultation.
New York Felony DWI Law
In New York, a DWI (Driving While Intoxicated) is typically charged as a misdemeanor for a first offense. However, certain aggravating factors elevate the charge to a felony. A felony DWI charge in Kings County is governed by New York Vehicle and Traffic Law (VTL) § 1192 and § 1193. A felony charge is a serious criminal charge with life-altering consequences.
Last verified: April 2026 | Kings County Supreme Court | New York State Legislature.
Official Legal Resources
For the official text of New York’s DWI laws, refer to the New York State Senate website for VTL § 1192. Court procedures and filings for Kings County are handled through the Kings County Supreme Court official website.
Handling a Felony DWI Case in Kings County
Facing a felony DWI charge in Kings County means handling both the criminal court system and separate New York DMV proceedings. The process begins with an arraignment, where bail conditions are set. A felony DWI lawyer Kings County will immediately work to secure evidence, challenge the legality of the traffic stop and arrest, and prepare for pre-trial hearings. In Kings County Supreme Court, prosecutors aggressively pursue felony DWI convictions.
- Arraignment in Kings County Supreme Court or Criminal Court where charges are formally read and bail is set.
- DMV Refusal Hearing, a separate administrative proceeding to contest license suspension, must be requested within 15 days.
- Pre-Trial Motions and Hearings to suppress evidence or dismiss charges based on procedural errors or constitutional violations.
- Plea Negotiations with the District Attorney’s office, where an experienced attorney may seek a reduction to a lesser charge.
- Trial Preparation, including experienced witness consultation and jury selection strategy for a felony trial.
- Sentencing Hearing, if convicted, where arguments are made to minimize incarceration and fines.
Penalties for Felony DWI in Kings County
In Kings County, a felony DWI conviction carries severe penalties including state prison, large fines, and a permanent felony record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| DWI Second Offense (within 10 years) | Class E Felony | Up to 4 years State Prison | $1,000 – $5,000 | Revocation for at least 1 year | Ignition Interlock, 3-year DRA fee |
| Aggravated DWI (BAC 0.18+) Second Offense | Class E Felony | Up to 4 years State Prison | $1,000 – $5,000 | Revocation for at least 18 months | Enhanced penalties, mandatory interlock |
| DWI with a Child Passenger (Leandra’s Law) | Class E Felony | Up to 4 years State Prison | $1,000 – $5,000 | Revocation for at least 1 year | Mandatory ignition interlock, child endangerment charge |
| DWI Causing Serious Physical Injury | Class D Felony | Up to 7 years State Prison | $2,000 – $10,000 | Revocation for at least 6 months | Potential civil liability for damages |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Felony DWI Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We understand the high stakes of a felony charge defense lawyer Kings County assignment and provide focused, aggressive representation. Our approach is built on thorough case investigation and strategic defense planning.
Our Approach to Felony DWI Cases
Our defense strategy begins with a meticulous review of all evidence, including police reports, breathalyzer calibration records, and blood test chain-of-custody documents. We file motions to challenge improper stops, flawed field sobriety tests, and unreliable chemical test results. For a serious criminal charge lawyer Kings County residents trust, our goal is to secure the best possible outcome, whether through dismissal, charge reduction, or a favorable verdict at trial.
Results may vary. Prior results do not guarantee a similar outcome.
Felony DWI Lawyer Near Kings County (Brooklyn)
Our New York location represents clients facing felony DWI charges in Kings County (Brooklyn) courts. We serve neighborhoods including Downtown Brooklyn, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, Brownsville, and Sunset Park.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
Felony DWI Lawyer Kings County FAQ
What makes a DWI a felony in New York?
Yes. A DWI becomes a felony in New York primarily through prior convictions. A second DWI offense within 10 years is a Class E felony. Other factors include causing serious injury, having a child under 16 in the vehicle (Leandra’s Law), or having a very high BAC (0.18+) with a prior offense.
Can a felony DWI be reduced to a misdemeanor in Kings County?
It depends. Prosecutors in Kings County may consider reducing a felony DWI to a misdemeanor under certain circumstances, such as weaknesses in the evidence, procedural errors by law enforcement, or compelling mitigating factors. An experienced felony DWI lawyer Kings County can negotiate with the District Attorney’s office for a favorable plea agreement.
What is the Driver Responsibility Assessment (DRA) for a felony DWI?
The DRA is a mandatory fee imposed by the NY DMV on top of any court fines. For a felony DWI conviction, the DRA is $250 per year for three years, totaling $750. This fee is separate and must be paid to avoid license suspension.
Do I need a lawyer for a DMV refusal hearing?
Yes. The DMV refusal hearing is a separate administrative proceeding that determines if your driver’s license will be revoked for refusing a chemical test. Having an attorney present is crucial to challenge the officer’s testimony and preserve your driving privileges, which is independent of the criminal case outcome.
What is Leandra’s Law?
Leandra’s Law (VTL § 1192.2-a) makes it a Class E felony to drive drunk with a passenger who is 15 years old or younger. Conviction carries mandatory ignition interlock device installation and potential prison time. This is a serious criminal charge that requires immediate legal intervention.
For more information, see our New York DUI/DWI Lawyer hub page. We also assist clients in Albany County and with Federal Criminal charges in Kings County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.