You May Be in Trouble, But We Can Help.
New York's drunk driving laws are not particularly tough on a first offense DWI. But our law is unusually harsh for a second offense. A repeat DWI ? even if your previous conviction was many years ago ? is a felony crime, with mandatory jail time and possibly state prison.
Criminal defense lawyer Jeffrey DeRoberts has enabled many clients to avoid the worst consequences of felony DWI (DUI). He knows the laws, the system and tendencies of area prosecutors and judges. With his 16 years of experience, he can always improve your situation ? and perhaps beat the charges all together. We do this by offering you experience, dedication and the personal attention of your attorney throughout the duration of your case.
Call our Syracuse office immediately at 315-479-6445. In a free consultation, Mr. DeRoberts will personally listen to your story, explain your rights and explore your options. We regularly practice in courts throughout Central New York.
Felony Drunk Driving
Driving While Intoxicated is a misdemeanor the first time. It rises to a Class D felony if:
- You have at least one DWI conviction within the last 10 years
- You were convicted of DWAI-Drugs within 10 years
- You caused a death by driving while intoxicated or impaired (vehicular homicide)
The penalties for a second offense DWI or felony DWI include up to four years in state prison, license revocation for a minimum of one year, and fines up to $5,000. The penalties go up for a third offense within 10 years ? more prison and possibly permanent loss of license.
What Can I Hope For?
Mr. DeRoberts puts his experience to work to challenge the grounds for your arrest. He has a record of success in fighting felony DWI charges to eliminate or minimize the consequences:
- Dismissal of charges ? Attacking the traffic stop and blood-alcohol evidence to get charges tossed out
- Plea negotiations ? Reducing the current charge to a non-felony or converting the prior conviction to a DWAI
- Drinking Drivers Program ? Enabling clients to keep their driver's license after conviction or regain full privileges sooner (not an option if the prior DWI was less than five years back)
- Probation ? Some clients were able to avoid jail by pleading guilty and adhering to restrictions set by the court. Conditions may include random testing or ignition interlock.
- Acquittal at Trial ? Because of the real possibility of jail or prison, this is a last resort. If the prosecutor won't budge, Mr. DeRoberts is an experienced trial lawyer who has convinced juries that the evidence does not support a guilty verdict.
We can't promise a certain outcome, but we have never had a hopeless case in which we couldn't make things better through our representation.