What Type of Crime is a DWI in New York? - Rachel Kugel

From The Kugel Law Firm - What Type of Crime Is a DWI in New York? explains how Driving While Intoxicated charges are classified under New York Vehicle and Traffic Law Section 1192, when a first offense is treated as a misdemeanor, and how repeat offenses within 10 years can lead to felony charges. The episode explores the difference between DWI, aggravated DWI, and DWAI by alcohol, while breaking down what these distinctions can mean for drivers in New York City and across Manhattan.

Listeners will hear how charges under VTL § 1192(2), § 1192(2-a), and § 1192(3) are handled, why Leandra’s Law can turn a case into an automatic Class E felony, and how factors like BAC, prior convictions, child passengers, chemical test refusals, and accidents can affect penalties. The discussion also covers the consequences tied to fines, jail or prison exposure, ignition interlock devices, license suspension or revocation, and the long-term impact a conviction can have on a DMV driving abstract and criminal record.

The episode also highlights record-related issues that matter after a case ends, including how long a DWI stays on a New York driving record, whether adult convictions can be sealed, and how Criminal Procedure Law Section 160.59 and the Clean Slate Act under CPL § 160.57 may apply. It also examines employment and insurance consequences, including premium increases, Driver Responsibility Assessments, and protections available under the New York City Fair Chance Act and New York Correction Law Article 23-A.

Attorney Rachel Kugel of The Kugel Law Firm brings the conversation back to what drivers can do when facing charges in Manhattan, from challenging the traffic stop to questioning the prosecution’s evidence in Manhattan Criminal Court at 100 Centre Street. With service extending from the Financial District to Harlem and an office located at 111 East 125th Street, 2nd Floor, New York, NY 10035, this podcast gives listeners a clear look at the legal, practical, and personal stakes involved in DWI and DWAI cases in New York.

The Kugel Law Firm

111 E 125th St 2nd Fl, New York, NY 10035, United States

(212) 372-7218

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