Manhattan DWI Defense Attorney Rachel Kugel Explains How DWI Charges Are Classified Under New York Law

NEW YORK, NY - Driving While Intoxicated (DWI) is a criminal offense in New York under Vehicle and Traffic Law Section 1192, and the classification of the charge as a misdemeanor or felony depends on prior offenses and the circumstances of the arrest. Manhattan DWI defense attorney Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/what-type-of-crime-is-a-dwi-in-new-york/) is providing guidance on the differences between misdemeanor and felony DWI charges, the penalties associated with each level of offense, and what options may be available to reduce or dismiss charges.

According to Manhattan DWI defense attorney Rachel Kugel, a first offense under VTL Section 1192(1), known as Driving While Ability Impaired (DWAI) by alcohol, is classified as a traffic infraction rather than a crime and does not create a criminal record. However, charges under VTL Section 1192(2) for DWI per se with a blood alcohol content of .08 or higher, VTL Section 1192(2-a) for aggravated DWI with a BAC of .18 or higher, and VTL Section 1192(3) for common-law DWI are all classified as misdemeanors for a first offense. "Many people do not realize that even a first-time DWI charge is a criminal offense that creates a record appearing on background checks," notes Kugel.

Manhattan DWI defense attorney Rachel Kugel emphasizes that New York law elevates a DWI to a felony in several situations. A second DWI within 10 years of a prior conviction is a Class E felony carrying fines of $1,000 to $5,000 and up to four years in state prison. A third DWI within the same window can be charged as a Class D felony with a maximum prison sentence of seven years and fines up to $10,000. Leandra's Law, codified under VTL Section 1192(2-a)(b), makes it an automatic Class E felony to drive while intoxicated with a child aged 15 or younger in the vehicle, regardless of prior history.

Attorney Kugel notes that a DWI conviction affects both the Department of Motor Vehicles (DMV) driving record and the criminal record, each following different retention rules. A DWI conviction remains on the DMV driving abstract for 15 years from the date of conviction, while a DWAI by alcohol conviction stays for 10 years. "The long-term consequences extend well beyond the courtroom, affecting insurance rates, employment opportunities, and driving privileges for years after the case is resolved," she explains.

The firm highlights that New York's Clean Slate Act, codified at CPL Section 160.57, took effect on November 16, 2024, and provides for automatic sealing of certain older eligible convictions. Under the statute, eligible misdemeanor convictions are sealed after three years and eligible felony convictions after eight years, provided statutory conditions are met. Under CPL Section 160.59, individuals may also petition a court to seal up to two eligible convictions after a 10-year waiting period.

Kugel advises that Manhattan residents and workers have specific legal protections regarding criminal record inquiries during the hiring process. Under New York City's Fair Chance Act, most employers cannot ask about criminal history until after making a conditional job offer. At the state level, New York Correction Law Article 23-A requires employers to weigh factors such as time elapsed since conviction, the duties of the position, and evidence of rehabilitation before making an adverse employment decision.

A DWI charge in New York carries consequences including fines, license revocation, higher insurance rates, and potential incarceration that can affect daily life for years. The Kugel Law Firm handles cases at Manhattan Criminal Court at 100 Centre Street and works with clients throughout New York City to challenge the prosecution's evidence, pursue charge reductions, and protect driving privileges. For those facing DWI charges in Manhattan, contacting an experienced DWI defense attorney early may help preserve legal options and minimize penalties.

About The Kugel Law Firm:

The Kugel Law Firm is a New York-based law firm focused on defending drivers charged with DWI and impaired driving offenses. Led by attorney Rachel Kugel, a member of the National College of DWI Defense and the DUI Defense Lawyers Association, the firm represents clients throughout Manhattan and New York City. For consultations, call (212) 372-7218.

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