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Felony DUI

Felony DWI Attorneys in New York

Fighting Felony DWI Charges & Penalties in New York

A felony DWI charge in New York is one of the most serious traffic-related criminal offenses a person can face. Unlike misdemeanor DWI or DWAI cases, felony DUI/DWI charges carry the possibility of state prison sentences, long-term license revocation, heavy fines, and permanent criminal records that can follow you for life. If you are looking at a felony DWI, then you may have prior convictions on your record and are now less likely to be presumed innocent by a court.

At Raiser, Kenniff & Lonstein, our felony DUI/DWI lawyers include former prosecutors, trial-tested criminal defense attorneys, and lawyers with deep familiarity in local courts—especially in Kingston, Ulster County, and Upstate New York. We have the experience and the around-the-clock availability to help you fight against the financial, driver's license, and incarceration consequences of a felony DUI or DWI conviction. If you have been arrested for or charged with a felony DUI/DWI, you need to contact one of our experienced DWI defense attorneys right away.

When clients first reach out to us, they are often unsure what a felony charge actually means in day-to-day terms. We can walk you through how a case typically moves from arrest to arraignment, pretrial conferences, motion practice, and, when necessary, trial in New York criminal courts. By explaining where your case is on that timeline and what decisions usually arise at each stage, we help you prepare for upcoming court dates and avoid missteps that could make your situation worse.

Use our online form or call us at (888) 646-0025 day or night to schedule a free, no-risk consultation with our New York felony DWI attorney.

When Is a DWI a Felony in New York?

In New York, most first-time DWI and DWAI offenses are charged as misdemeanors. However, certain circumstances automatically elevate a DUI to a felony offense.

Common Situations That Lead to Felony DWI Charges

Leandra’s Law – Child Passenger (VTL §1192.2-a[b])
Driving while intoxicated with a passenger 15 years old or younger is automatically a Class E felony, even for a first offense.
If the child is injured or killed, charges may escalate to Class C or B felonies.

Prior DWI or DWAI Convictions

  • A second DWI or DWAI within 10 years is a Class E felony
  • A third offense within 10 years is typically a Class D felony
    This escalation is often referred to as a DWI “bump up.”

Serious Injury or Death
If impaired driving causes:

  • Serious physical injury → vehicular assault (Class E or higher felony)
  • Death → vehicular manslaughter (Class D) or aggravated vehicular homicide (Class B)

Aggravated DWI with Prior Convictions
A BAC of 0.18% or higher, combined with a prior conviction, can elevate an aggravated DWI to a felony.

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Why We're the Right Choice

Attentive Service. Strategic Defense.

Raiser, Kenniff & Lonstein is here to help you get the results you need with a team you can trust.

  • Personalized Legal Strategy
    We don’t believe in one-size-fits-all solutions. Every case is handled with a custom legal approach tailored to your goals, your circumstances, and your future.
  • Risk-Free Consultation

    We offer a risk-free evaluation of your case and are here to help you understand your legal options. We are available 24/7, day or night, to help you.

  • Top-Rated Team

    Nationally recognized for results. Our attorneys have been ranked among the best in the U.S., Trusted for their strategy, skill, and relentless client advocacy

  • Former Prosecutors
    Our founding partners are both former New York prosecutors who bring unique experience and insights to every case, especially when it comes to going to trial.
  • Client Champion 2026
  • 2025 Judicial Edition
  • MARTINDALE-HUBBELL® 2025 Client Champion Gold
  • AV Preeminent badge 2025
  • Martindale-Hubbell platinum
  • Best Lawyers US News & World Report 2020
  • AVOO Client's Choice
  • NATIONAL ACADEMY OF CONTINUING LEGAL EDUCATION

    Navigating a Felony DUI/DWI Charge in New York

    Facing a felony DWI charge can be overwhelming, but understanding the potential consequences is crucial for making informed decisions about your case. A felony DUI can lead to severe penalties, including lengthy prison sentences, hefty fines, and a permanent criminal record that can impact your future employment and personal life.

    Here are some key factors to consider when navigating a felony DWI charge:

    • Legal representation: Having an experienced attorney by your side can significantly affect the outcome of your case. Our team at Raiser, Kenniff & Lonstein is skilled at DWI defense and will fight to protect your rights.
    • Plea bargaining: In some cases, it may be possible to negotiate a plea deal that reduces the severity of the charges. Our attorneys can explore all options to achieve the best possible outcome for you.
    • Impact on insurance: A felony DWI can lead to increased insurance premiums or even the inability to obtain coverage. We can help you understand these implications and how to mitigate them.
    • Rehabilitation programs: Engaging in rehabilitation programs can demonstrate to the court your commitment to change, potentially leading to more lenient sentencing.

    In addition to these factors, timing plays a major role in how we approach a felony case in New York. There are often early opportunities to challenge a license suspension through DMV proceedings, to demand discovery, and to file motions that may limit what evidence can be used against you. When you contact us soon after an arrest, we can begin preserving dashcam or bodycam footage, identifying witnesses, and documenting any medical issues that may affect how chemical test results are interpreted by the court.

    What Happens After a Felony DWI Arrest in New York

    After a felony DWI arrest in New York, your case will usually move quickly through several important stages, often starting with arraignment in a local criminal court such as Kingston City Court or Ulster County Court. At arraignment, the judge will formally advise you of the charges, address bail or release conditions, and set the next court date. This first appearance is also where issues like temporary license suspensions based on breath or blood test results may be raised, so having counsel in place before you walk into court can affect what happens that day.

    Following arraignment, felony DWI cases often proceed to grand jury review or preliminary hearings, depending on how the local district attorney’s office chooses to prosecute. During this period, we focus on gathering police reports, 911 recordings, and test records and on protecting your rights during any further investigation. In some courts, there may be opportunities for early negotiations or for participation in treatment-focused programs, especially if you take proactive steps like enrolling in counseling or obtaining an alcohol assessment soon after your arrest.

    As the case continues, there will typically be pretrial conferences where the judge expects both sides to discuss discovery, motion schedules, and possible resolutions. We use these court dates to challenge evidence where appropriate and to ensure that your driving privileges, work obligations, and family responsibilities are taken into account. By helping you understand what to expect at each appearance and how long felony cases in New York usually take to resolve, we work to reduce uncertainty and allow you to make informed decisions about plea offers, hearings, or trial.

    Collateral Consequences of a Felony DWI Conviction

    Beyond the prison and license penalties listed in the statute, a felony DWI in New York can create long-term collateral consequences that many people do not fully appreciate at the time of arrest. A felony on your record can limit job opportunities, affect professional licenses, and be considered by landlords or lenders when you apply for housing or credit. For those who hold commercial driver’s licenses or who drive for work in areas like Kingston, Poughkeepsie, or the broader Hudson Valley, a felony DWI can effectively end a current position or make it difficult to stay in the same field.

    Immigration status, family court matters, and future criminal cases can also be influenced by a felony DWI conviction. Non-citizens may face immigration consequences if a conviction is treated as a serious offense under federal law, and a felony record can be raised in custody disputes or support proceedings in New York family courts. If you are ever charged again in the future, a prior felony DWI may increase potential sentencing exposure and reduce options that might otherwise be available for first-time offenders.

    Because of these collateral risks, we take time to understand your employment, licensing, and family situation before advising you on how to proceed. When we evaluate potential plea offers or trial strategies, we look not only at the immediate sentence but also at how each outcome may affect your life five or ten years from now. By coordinating, when appropriate, with your union representatives, licensing boards, or out-of-state counsel, we aim to limit avoidable fallout and position you to rebuild as much stability as possible after your case concludes.

    Get the Felony DWI Defense You Need

    From challenging the validity of the arrest to scrutinizing the testing procedures and more, our defense attorneys are ready to battle for your finances, freedom, and future. As premier trial lawyers, our goal is to secure the best possible outcome for you and to help you navigate the challenging legal situation with clarity and confidence. For powerhouse felony DWI defense in New York, you can rely on Raiser, Kenniff & Lonstein. We're ready to fight for you.

    Don't let a felony DWI charge dictate your future. Contact Raiser, Kenniff & Lonstein today for a free consultation, and let our New York felony DWI lawyer help you navigate this challenging situation with confidence. Use our online form or call us at (888) 646-0025

    a Reputation For excellence

    Read Our Client Testimonials
    • They treated me wonderfully and helped me out of a bind. I feel that this firm really cares.
      - Michelle A.

      How Alex Lonstein Helps Clients Facing Felony DWI in Kingston and Ulster County

      For individuals charged with felony DWI in Kingston, Ellenville, or Ulster County, attorney Alex Lonstein provides a level of local familiarity that helps clients feel more prepared and less overwhelmed.

      The Lonstein family has practiced law in the region for nearly 100 years across four generations, giving Alex longstanding exposure to local courts, judges, and procedures. Based on the ticket, charge, and scheduled appearance date, Alex can often explain:

      • Which court will hear the case
      • What typically happens at arraignment
      • How felony DWI cases usually progress locally
      • What early procedural requirements to expect

      Importantly, Alex is known for his responsiveness and direct access. In many cases, he personally answers calls and texts from potential clients, ensuring questions are addressed quickly—often before court deadlines approach. This direct communication helps clients make informed decisions without unnecessary delay.

      Defense Strategies in New York Felony DWI Cases

      Felony DWI defense requires a detailed, evidence-driven approach. Depending on the facts, potential strategies may include:

      • Challenging the legality of the traffic stop
      • Examining probable cause for arrest
      • Scrutinizing field sobriety testing conditions
      • Questioning chemical test accuracy, calibration, and procedures
      • Reviewing officer conduct, reports, and bodycam footage
      • Evaluating medical conditions or medications
      • Identifying constitutional or procedural violations
      • Negotiating charge reductions where appropriate

      Each case is fact-specific. Our goal is to analyze every detail and help clients understand the strengths and weaknesses of the prosecution’s case.

      A Criminal Defense Firm Recognized Statewide

      Raiser, Kenniff & Lonstein has earned statewide recognition for criminal defense excellence:

      • Selected multiple times to Super Lawyers for criminal defense and related practice areas
      • Steven Raiser holds a Martindale-Hubbell AV Preeminent® Rating, including recognition in the Judicial Edition and as a Client Champion
      • Thomas Kenniff included in Best Lawyers in America
      • Recognized by U.S. News and World Report and ranked in U.S. News – Best Law Firms (2016, 2018, 2020)
      • Selected to Top 100 Trial Lawyers by The National Trial Lawyers
      • Recipient of the Award for Excellence in Public Service from the New York State Bar Association
      • Consistently strong client feedback, including 4.9-star or higher ratings where supported on-site

      These recognitions reflect peer respect, professional achievement, and a longstanding commitment to client service.

      Speak With a New York Felony DWI Lawyer Today

      Felony DUI/DWI charges carry consequences that can affect your freedom, finances, and future for years to come. Having an experienced New York felony DWI lawyer who understands both statewide law and local court practice can make a meaningful difference in how prepared you feel throughout the process.

      Call (888) 646-0025 or contact Raiser, Kenniff & Lonstein online to schedule a free, confidential consultation. We are available around the clock to discuss your felony DWI charge and help you understand your options.

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