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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 January 1, 2009, and convicted of that same DWI on June 9, 2009. If you are re-arrested for DWI on June 8, 2019, you will be charged with felony DWI. On the other hand, if you are re-arrested for DWI on June 9, 2019, 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.