Does a DUI in New York go on your permanent record?

Any motorist who operates a vehicle with a blood alcohol content (BAC) of .08 or higher may be charged with driving while intoxicated (DWI) in New York State (NYS). The NYS DWI laws got much stiffer with new legislation that was passed on November 18, 2009. In 2009, Leandra’s Law (named for Leandra Rosado) went into effect in the State of New York making it a felony to drive drunk with any child under the age of 16 in the car. They will be facing felony charges with a possible fine of up to $5,000 and up to 4 years in state prison. If the individual causes the death of a child under 16 while driving drunk, they will be charged with aggravated vehicular homicide, which is a class B violent felony. Should a passenger under age 16 become injured when driver is under the influence, they will be charged with aggravated vehicular assault. The penalties will be increased from a Class C felony to a class C violent felony.

Legal Options for a New York DWI Offense

There is a huge difference between being charged with an offense vs. being convicted. Once you are convicted, a DWI offense will stay on your permanent record and cannot be expunged under New York State law. However, there are some legal options available that can keep this off your record, which are:

• Have the offense reduced to a driving while ability impaired (DWAI) offense. This is considered a traffic offense and will not result in a criminal record. You may be able to avoid the potential consequences of jail time, huge fines, loss of your driver’s license and increased insurance rates.

• Request community service if you are a first-time offender and show the court why you deserve lenient treatment and that you will not reoffend in the future.

• Find out if you are eligible to participate in drug or alcohol education and treatment program. Upon successfully completing such a program, all charges will be dismissed and leaving you with a clean criminal record.

• Electronic monitors may be an option where the individual is under house arrest but allowed to attend school or go to work, as long as the offender returns at a specific time.

The only way to get a DUI expungement from your criminal record in New York is if the case is dismissed, vacated, set aside or terminated for another reason.

Defending a DWI Offense in the Big Apple

Keeping a DWI conviction off your record should be your first priority. Once you have been arrested, contact a lawyer who specializes in New York drunk driving laws. They may be able to get your case dismissed for lack of evidence or question how the breathalyzer test was conducted.