What is the ten-year rule for felony DWI’s?

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"Adam is an AWESOME attorney! I never been in trouble with the law and after getting pulled over on the holiday was charged with a DWI. I was scared and terrified. Adam told me, I would be okay and he would fight for me. Which he did. He got my misdemeanor charge down to a traffic infraction of a DWAI. Which is a non criminal charge. I am very thankful and blessed. I'm a healthcare professional and a misdemeanor would have affected my career. He is honest, a good listener, very funny and keeps you updated in regards to your case. He contacts you in reasonable time and works hard on your case. He doesn't mind when you call asking a lot of questions. Also, he is very affordable and will work with. Forget the rest, hire best. Adam is the best." *****

What is the ten-year rule for felony DWI's?

P. Adam Militello, Esq.
P. Adam Militello, Esq.

If you have been convicted of a DWI, and you are re-arrested for a new DWI charge within ten years of the date of your conviction, the new charge will be a felony DWI charge. The date that prosecutors start counting from is the date of your conviction, not your arrest.

Let's say that you were arrested for DWI on September 6, 2004, and convicted of that same DWI on December 6, 2004. If you are re-arrested for DWI on December 5, 2014, you will be charged with felony DWI. On the other hand, if you are re-arrested for DWI on December 7, 2015, you will be charged with a misdemeanor.

Just because you have been charged with a felony DWI, it doesn't mean you have to be convicted of a felony DWI. Charges get dismissed and reduced, and defendants are often found not guilty after a trial... there is also a Judicial Diversion Program in Monroe County that might help you.

If you have been charged with felony DWI, contact The Militello Law Firm today. Our phone number is (585) 485-0025. We can help.

The Militello Law Firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128