A DWI, or Driving While Intoxicated, charge in New York can have long-lasting consequences on a person’s criminal record. Even though a DWI may seem like a one-time mistake, the effects are far-reaching, potentially affecting a person’s career, reputation, and future opportunities. New York takes DWI offenses seriously, and understanding how it impacts your criminal record is critical. This guide provides an in-depth look into the legal and personal consequences of a DWI conviction in New York and why it’s important to take the charge seriously. At, Arthur L. Pressman, Attorney at Law , we are here to guide you through the legal process and help you navigate the complexities of your case.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
How a DWI Stays on Your Record
In New York, a DWI conviction is not something that simply disappears from your record over time. Once convicted, the charge stays on your criminal record permanently. Even if it was your first offense, the charge will appear in background checks, which can affect many aspects of your life. Employers, schools, and even landlords often run background checks to get a sense of your history. Having a DWI conviction on your record can raise red flags in these areas, limiting your opportunities.
It is important to note that there is no way to expunge a DWI conviction in New York. Expungement is a process where a criminal conviction is removed from your record. However, New York does not allow expungement for most criminal offenses, including DWI charges. This means the charge will remain on your record for life unless the case is dismissed or you are found not guilty. Given the lasting nature of a DWI conviction, taking steps to minimize the impact through legal assistance is crucial.
I was advised by a mutual acquaintance to contact Mr. Pressman following my DWI that I received on December 28, 2015. This was the best advice that I could have been given. He was available immediately to speak with. I was put at ease after speaking with him. It was my first DWI and I had no idea what to expect. It was an isolated case of making a very foolish decision to drive. I had so much anxiety and fear of the unknown. Throughout my whole case Mr. Pressman was very reassuring and kept a positive attitude about what my outcome was going to be. He was available several times when I had random questions and never made me feel like an inconvenience. He was right! My case ended up being reduced to a violation from a misdemeanor and now I can finally begin to have my life back to normal. It was a hard lesson to learn but with the right attorney by your side the transition will be easier. Anita D.
DWI and Background Checks
When applying for a job or renting an apartment, it is common for background checks to be conducted. A DWI on your record can make it harder to get hired or approved for housing. Some employers may be hesitant to hire someone with a criminal conviction, especially one that involves driving under the influence. This is particularly true if the job requires driving or operating heavy machinery. In such cases, a DWI conviction may disqualify you from even being considered for the position.
Schools and educational programs also run background checks. If you are applying for higher education, a DWI conviction can complicate the process. Some schools may ask about criminal convictions during the application process, and a DWI could impact your chances of acceptance. Even if you are already enrolled, a DWI conviction could affect scholarships, financial aid, and other opportunities.
Landlords may also view a DWI conviction as a negative factor when deciding whether to rent to you. While a DWI may not be directly related to your ability to pay rent or maintain a property, some landlords may view any criminal conviction as a potential risk. This can limit your options when trying to find housing, especially in competitive rental markets.
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Increased Insurance Rates After a DWI
A DWI conviction in New York can also have a significant financial impact on your life, particularly when it comes to car insurance. Once you are convicted of a DWI, your insurance company will likely view you as a high-risk driver. This means your premiums will increase significantly, and in some cases, your insurance company may decide to drop your coverage altogether.
If your insurance company chooses to continue providing coverage, you can expect to pay much higher premiums for several years. Some insurance companies may require you to file an SR-22 form, which is a document that verifies you have the minimum amount of car insurance required by law. This form is usually required for high-risk drivers, and maintaining SR-22 coverage can be costly.
The financial impact of increased insurance rates can last for years after your DWI conviction. Even if you maintain a clean driving record moving forward, the DWI conviction will continue to affect your insurance premiums for a long time. This is another reason why it is important to take a DWI charge seriously and seek legal guidance to minimize the impact.
Driver’s License Suspension and Revocation
In New York, a DWI conviction typically leads to the suspension or revocation of your driver’s license. For a first-time offense, your license could be suspended for at least six months. If you refuse to take a chemical test, such as a breathalyzer or blood test, your license could be revoked for up to one year.
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Losing your license can have a significant impact on your daily life. It can make it difficult to commute to work, run errands, or attend important appointments. While some individuals may be eligible for a conditional license, which allows for limited driving privileges, this is not guaranteed. A conditional license only permits driving to specific locations, such as work or school, and any violation of the conditions can result in further penalties.
For those who rely on driving for their livelihood, such as truck drivers or delivery drivers, a suspended or revoked license can lead to job loss. Even if driving is not a key part of your job, having a suspended license can still cause personal and professional difficulties. The long-term impact on your driving privileges is another serious consequence of a DWI conviction.
Future Legal Consequences of Multiple DWI Convictions
If you are convicted of a DWI in New York, it is important to understand that future offenses will result in more severe penalties. New York follows a progressive penalty system for DWI offenses, meaning that the penalties become harsher with each subsequent conviction. For example, a second DWI conviction within ten years of the first offense is classified as a Class E felony. This can result in up to four years in prison, significant fines, and a much longer license suspension or revocation.
A third or subsequent DWI conviction within ten years is classified as a Class D felony, which carries even more severe penalties, including up to seven years in prison. The long-term consequences of multiple DWI convictions can be devastating, affecting every aspect of your life from employment to housing to personal relationships. Avoiding future convictions is crucial to minimizing the impact on your criminal record and overall well-being.
Impact on Professional Licenses
A DWI conviction can also affect individuals who hold professional licenses in New York. Certain professions, such as healthcare workers, attorneys, and teachers, are required to maintain professional licenses to practice in their fields. A DWI conviction can trigger disciplinary action from the licensing board, which may include suspension or revocation of the license.
For those in professions that require a clean criminal record, such as law enforcement or emergency services, a DWI conviction could result in job loss or difficulty securing future employment. The impact on your professional reputation can be long-lasting, and rebuilding your career after a DWI conviction can be challenging.
Rebuilding Your Life After a DWI Conviction
While the impact of a DWI conviction on your criminal record is significant, it is possible to rebuild your life and move forward. The first step is understanding the seriousness of the charges and seeking legal guidance to protect your rights. An experienced attorney can help navigate the legal process, potentially reducing the charges or penalties you face.
Once the legal aspects are resolved, focusing on making positive changes in your life is essential. This may include attending substance abuse counseling, participating in a rehabilitation program, or completing community service. Taking proactive steps to demonstrate responsibility can help in moving past the stigma of a DWI conviction and showing that you are committed to making better decisions in the future.
If you are facing a DWI charge in New York, it is important to understand the long-term impact it can have on your criminal record and future opportunities. The legal consequences can be severe, and the effects on your life can be lasting. Seeking the guidance of an experienced attorney is crucial to minimizing these consequences and protecting your future. Arthur L. Pressman, Attorney at Law, is here to help you navigate the complex legal process and fight for your rights. Contact our office today for a consultation and take the first step toward protecting your future.