
In New York, a person can be charged with a felony DUI for a number of reasons. The most common felony charges include:
Driving while intoxicated with a child in the vehicle
Driving while intoxicated with a BAC of .18 or higher
Driving while intoxicated with a BAC of .16 or higher, while driving a school bus or in the vicinity of a school
Driving while intoxicated with a BAC of .16 or higher, while driving a commercial vehicle
Driving while intoxicated with a BAC of .18 or higher, while driving a commercial vehicle
Refusing to take a breath test

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