Which prior cases count
Whether a third DUI offense is charged as a felony in New York depends heavily on when the earlier convictions happened and what they were for. A prior that falls outside the criminal lookback may not raise the charge but can still affect sentencing and the DMV's review. Convictions from other states may be counted in some circumstances, and whether an out-of-state statute lines up with New York's can be a genuine question. A prior that ended as a traffic infraction is treated differently from a prior criminal conviction for some purposes. Errors in old records turn up more often than people assume, so we check the dates and dispositions ourselves rather than relying on a summary.
From arrest to indictment
A felony charge usually begins with an arraignment in a local court and then goes to a grand jury, which decides whether to indict. Release conditions are often set at the start, and some courts add alcohol monitoring or an interlock while the case is pending. You may be asked whether you want to testify before the grand jury, a decision that should be made with a lawyer who knows the evidence. If an indictment is filed, the case proceeds in the felony court for that county, where motions and plea discussions take place. The license is usually suspended early, and the DMV side continues on its own track.
Planning around a long horizon
Because the DMV can look back much further than the criminal court when deciding whether to relicense someone with several alcohol-related incidents, a third case often carries license consequences that outlast any sentence. A clinical evaluation, treatment records, and evidence of steady work or family responsibilities may matter to the court and to the agency. In a first consultation we review every prior, the facts of the new arrest, and the immediate release conditions. We also discuss employment, immigration, and professional licensing, which grow more significant once a felony is charged.
