If you have been arrested for DWI anywhere in New York, the proceedings following your arrest can seem very confusing. You will be required to appear in court regarding your DWI charge, after which you will have a DMV hearing regarding your license. At Katz Lawyers, our New York DWI attorney is prepared to offer dedicated representation for both hearings.
Give us a call today at (212) 747-0606 to schedule your free consultation. We are available 24/7.
New York law does not allow for expungement of driving while intoxicated (DWI) misdemeanor or felony convictions.
A DWI expungement in New York is only permitted if your drunk driving case was dismissed or you were acquitted of the charges. The lesser charge of Driving While Ability Impaired (DWAI) is also not expungeable. Under Criminal Procedure Law § 160.50 traffic violations involving alcohol or drugs may be sealed only if a defendant is acquitted, or in cases where the charges are dismissed, dropped, vacated or set aside.
Traffic infractions involving alcohol or drugs will stay on your active driving record for 10 years, and may be discoverable during a background check for the rest of your life. Drug and alcohol related traffic infractions (VTL 1192 (2) DWI per se BAC .08 or more, VTL 1192 (2) (a) (a) Aggravated DWI per se BAC .18 or more, VTL 1192 (3) DWI common law, VTL 1192 (1) DWAI, VTL 1192.4 DWAI drugs, VTL 1192.4(a) DWAI drugs and alcohol).
In addition to the criminal and administrative penalties, convictions in New York State can be held against you by your insurance carrier for at 3 years, resulting in an increase in insurance premiums, which is typically substantial when involving alcohol or drug violations. The reality is most insurance carriers look for serious driving violations as far back as 10 or 15 years when determining your insurance rates.
NYC DWI Post Conviction Relief
The best defense against drunk driving charges is early consultation with an experienced drunk driving defense lawyer in New York City. There are many avenues to pursue when it comes to seeking a reduction or dismissal of the charges, which is always the best way to avoid the long-term consequences of a drunk-driving conviction.
Post conviction, there are still several options when it comes to lessening the impact of a drunk driving charge on your record.
Certificate of Relief from Civil Disabilities: Under New York Correction Law §700, a person can obtain a Certificate of Relief from Civil Disabilities. This certificate is available to those who have not been convicted of more than one felony and can lessen the impact of a criminal record by removing any bar of employment automatically imposed by law because of a DWI conviction.
Certificate of Good Conduct: Under New York Correction Law §703, the State Board of Parole may issue this certificate after release from supervision or the end date of a sentence to defendants convicted of more than one crime. This certificate provides the presumption of rehabilitation, which means they should not be rejected for employment unless the convictions have a direct bearing on their ability to perform a job.
NYC Drunk Driving Defense
By far the best way to avoid the long-term consequences of having a drunk driving conviction on your record is to consult with an experienced New York City DWI defense attorney as soon as possible after arrest.
There are many ways to beat these charges, obtain a dismissal, or, at a minimum, win a reduction of the charges. Even a reduction can significantly reduce the criminal and administrative consequences of a drunk-driving conviction, while also ensuring you do not face the many ongoing penalties associated with being convicted of drunk driving.
Veteran drunk driving defense attorney Seth Katz represents clients throughout New York City, including Manhattan, Staten Island, The Bronx, Queens and Brooklyn.
For a free and confidential consultation with our NYC DWI defense lawyer call 212-747-0606. We are available whenever you need us.
To schedule a free consultation to discuss your DUI charges and license suspension, contact our office at (212) 747-0606 .