If you’re arrested for drunk driving in the state of New York, you may be charged with a misdemeanor or a felony. The court will decide what to charge you with based on several factors.
Whether you got arrested for drunk driving before
A misdemeanor refers to a criminal offense that is generally punishable by a fine or up to a year in jail. It’s often referred to as a “lesser” criminal offense. When you’re arrested for drunk driving, you’re usually charged with a misdemeanor.
However, if the police arrested you for drunk driving before, you may be charged with a felony this time around. This is because the courts consider repeat offenders to be a greater risk to public safety.
A felony, on the other hand, is a criminal offense that is punishable by more than a year in jail. If you’re convicted of a felony, you may have a criminal record that will follow you for the remainder of your life.
The offense’s severity
The court will consider the seriousness of the offense when deciding whether to charge you with a misdemeanor or a felony. If you caused an accident while drunk driving, you will most likely get charged with a felony. Also, if the accident caused injuries or death, you will definitely be charged with a felony.
However, any criminal defense attorney will tell you that if you are caught driving drunk but did not cause an accident, you may only be charged with a misdemeanor.
The blood alcohol content (BAC)
You will automatically be charged with a misdemeanor if your BAC is above 0.08. However, if your BAC is above 0.18, you may be charged with a felony.
If you’re arrested for drunk driving, you could be charged with a misdemeanor or a felony. The court will consider the seriousness of the offense and your prior criminal history when deciding what to charge you with.