After being convicted of any crime it is essential to analyze the consequences. A DUI or DWI can be charged as either a misdemeanor or a felony, but either way, it will appear on both your driving record and your criminal record.
If you or someone you know has been arrested for a DUI in New York, reach out to a New City DWI defense attorney for legal advice and representation.
DUI stands for Driving Under the Influence. There is another term for it, called a DWI (Driving While Intoxicated). While the two phrases are used interchangeably in many jurisdictions, New York law typically uses the term DWI. The crime refers to the unlawful act of operating a motor vehicle while under the influence of drugs and/or alcohol. Drugs and alcohol can seriously affect your reaction time and cognitive ability to operate a car safely.
DWIs can detrimentally affect the person committing the act and innocent bystanders. If your driving resulted in an accident, you probably sustained injuries, even if they are minor. There would also undoubtedly be property damage. Other drivers and their passengers as well as pedestrians could also be injured or even killed.
A DWI conviction will follow you for a long time, potentially the rest of your life. There are two records that a DWI will be listed on, your driving record and your criminal record.
In New York, a DWI conviction will remain on your driving record for 15 years. Insurance companies view anyone with a DWI conviction as high risk, meaning that you will more than likely receive surcharges. This entails an increase in the cost of rates from your insurer.
When it comes to your criminal record, a misdemeanor or felony DWI conviction will remain on your record permanently. Having a criminal record will come up in any background check. This means that potential employers can see your record which could make it more difficult for you to find a job. A landlord can also do a background check after you apply to rent a house or apartment, which can get in the way of your ability to secure housing.
A DWI can never be expunged from your criminal record in the state of New York, though it is sometimes possible for your criminal record to be sealed. If you are able to have your criminal record sealed, it will not come up in standard background checks. Certain authorities will have access to your record if requested, including the FBI, relevant agencies if you are trying to buy a firearm, a potential employer if you are trying to be hired as a police officer, and some government agencies if it is relevant.
© 2024 The Law Office of Kevin T. Conway. All rights reserved.