Driving while intoxicated (DWI) is a serious offense in New York. This charge is more than just a traffic violation; it is a crime that can have long-lasting effects on your criminal record. The way DWI is classified on your record can impact your life in many ways, from potential jail time to affecting your ability to find a job or secure housing. Understanding how DWI is treated on a criminal record in New York is essential, especially if you or someone you know is facing such charges. The consequences of a DWI conviction can extend far beyond the courtroom. 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.
What is a DWI in New York?
In New York, DWI stands for Driving While Intoxicated. This means that someone has been caught operating a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. However, DWI is not limited to alcohol. It can also apply if someone is found driving under the influence of drugs, whether they are illegal drugs or even prescription medications that impair the ability to drive safely. When someone is charged with DWI, it is considered a crime, not just a violation of traffic laws, and will show up on their criminal record.
The charge of DWI is not something that should be taken lightly. It carries serious penalties and has a significant impact on a person’s criminal record. Even if it is a first offense, the charge will still be present on the record. This is why it is important to understand what having a DWI on your record really means.
How Does a DWI Appear on a Criminal Record?
Once a person is convicted of DWI in New York, the conviction becomes part of their permanent criminal record. This means that the offense can be seen by potential employers, landlords, or anyone who conducts a background check. Unlike some minor offenses that can be sealed or expunged, DWI convictions are more challenging to remove from a criminal record. In New York, DWI is treated as a criminal offense, and depending on the circumstances, it can either be classified as a misdemeanor or a felony.
For a first-time offender, a DWI charge is usually classified as a misdemeanor. This still appears on the criminal record and can affect various aspects of a person’s life, such as job opportunities or renting an apartment. However, if someone has had previous DWI convictions, or if there were aggravating factors such as causing an accident or having a child in the vehicle, the DWI may be classified as a felony. A felony conviction is far more severe than a misdemeanor and will carry even harsher penalties, including longer jail time and steeper fines. Both types of convictions stay on a person’s record for many years.
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.
Impact of a DWI on Employment and Housing
Having a DWI on your criminal record can make finding a job much more difficult. Many employers conduct background checks before hiring someone, and a DWI conviction may raise red flags. While some companies may overlook a single DWI offense, others, especially those in certain industries like transportation or education, may refuse to hire someone with such a charge on their record. Additionally, jobs that require driving as part of the position are unlikely to hire someone with a DWI due to concerns about insurance and safety.
Housing can also be affected by a DWI conviction. Landlords often perform background checks on potential tenants, and a criminal record can influence their decision. A landlord may view a person with a DWI on their record as a higher risk, especially if the offense was recent or involved multiple convictions. Even if a person is otherwise qualified to rent an apartment, a DWI on their record can create a barrier to securing housing.
How Long Does a DWI Stay on a Criminal Record in New York?
In New York, a DWI conviction stays on a criminal record for many years, often permanently. A first-time misdemeanor DWI can stay on a person’s record for up to 15 years, while a felony DWI can remain on the record indefinitely. It is important to note that New York does not have a formal process for expunging DWI convictions, which means that they cannot be completely erased from a criminal record. However, in some cases, a person may be able to have their record sealed after a certain period of time has passed, but this is rare and comes with strict conditions.
This means that once a person is convicted of DWI, the consequences can follow them for a significant part of their life. The conviction can impact job opportunities, housing, and even their personal relationships. Therefore, it is important for anyone facing a DWI charge to understand the long-term effects and to seek proper legal representation to help navigate the legal process.
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The Difference Between Misdemeanor and Felony DWI
One of the most important distinctions in DWI cases is whether the offense is classified as a misdemeanor or a felony. A misdemeanor DWI is usually the result of a first-time offense where no one was injured, and there were no aggravating factors like having a child in the car or causing an accident. A misdemeanor conviction will still appear on a person’s criminal record, but it is considered less severe than a felony.
A felony DWI, on the other hand, is much more serious. This classification is typically reserved for repeat offenders or for those who were involved in an accident that caused injury or death. Felony DWIs carry harsher penalties, including longer jail sentences, higher fines, and the possibility of a permanent mark on the criminal record. In some cases, a felony DWI can lead to the loss of driving privileges for many years, and it can be difficult to regain those privileges once they have been revoked.
Whether a DWI is classified as a misdemeanor or a felony depends on the circumstances of the case, but both types of convictions carry significant consequences that can last a lifetime.
How Can a DWI Affect Your Driver’s License?
In addition to having a DWI on your criminal record, a conviction can also affect your driving privileges. In New York, a person convicted of DWI may have their driver’s license suspended or revoked, depending on the severity of the offense. A first-time offender may face a license suspension for several months, while someone with multiple DWI convictions could lose their license for a year or more. In some cases, a person may be able to apply for a conditional license, which allows them to drive only for specific reasons like going to work or attending medical appointments, but this is not guaranteed.
Losing a driver’s license can have a major impact on a person’s ability to go about their daily life. Without the ability to drive, it may be difficult to get to work, take children to school, or run errands. This is why it is important to understand the full scope of consequences that come with a DWI conviction.
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The Importance of Legal Representation for a DWI Charge
Facing a DWI charge can be overwhelming, and the consequences of a conviction can be life-changing. For this reason, it is crucial to have strong legal representation if you have been charged with DWI in New York. A skilled attorney can help you understand your rights, guide you through the legal process, and work to minimize the impact of the charge on your life.
There are many factors that can influence the outcome of a DWI case, including the accuracy of the breathalyzer test, the circumstances of the traffic stop, and whether proper procedures were followed by law enforcement. A knowledgeable attorney can examine these factors and determine the best course of action for your defense. In some cases, it may be possible to have the charges reduced or dismissed altogether, which can make a significant difference in the long-term effects on your criminal record.
If you or a loved one are facing a DWI charge in New York, it is important to seek legal assistance as soon as possible. At Arthur L. Pressman, Attorney at Law, we understand the serious consequences that a DWI conviction can have on your life. Our dedicated legal team is here to provide the guidance and representation you need to protect your rights and minimize the impact on your future. Contact us today for a consultation and let us help you navigate this challenging legal process.