The Costs of a NY DWI
Collateral consequences

DWI can also have serious effects outside of the criminal case or DMV hearing.  We will review these “collateral consequences” of your case to properly advise you about how to proceed.  These collateral consequences can include the following:    

Suspension Pending Prosecution: New York law requires that your license be suspended at the time of your arraignment on a DWI charge if you have a DWI conviction within the last 5 years, blew over .08 or refused a chemical test.  Unless you have a prior DWI within the last 5 years or refused a test, you may qualify for a hardship license within a few days.  You may also qualify for a pre-conviction conditional license within 30 days of your arrest.

Criminal Record:

DWI is a criminal offense that will leave you with a criminal record.  New York has no expungment of criminal offenses.  So your DWI conviction will create a life-long record of your offense that must be disclosed on most job applications.  A DWAI is a traffic infraction and not a criminal offense.  It may also have serious collateral consequences.  Driver’s under 21 may qualify for Youthful Offender Adjudication that results in the conviction being vacated.  This means there will be criminal record and most insurance companies are not notified of the outcome.

Alcohol & Drug Programs:

A DWI defendant may be required pre-sentence or post-sentence to attend drug and alcohol counseling.  Programs can require treatment sessions several times a week.  These programs may make it difficult to maintain a job.  In addition, the Court may sentence someone to incarceration for not completing a court-mandated program.  These programs can also run into several thousand dollars that you will have to pay.

Disclosure of Pending Charges:

Often clients will have to disclose that they have been arrested for DWI.  If you are a teacher, principal, pilot, taxi driver, licensed by the New York State Liquor Authority, or in other certified positions, you may have to immediately report your arrest to the licensing authority or employer.  There are also union agreements that require disclosure of a DWI arrest with penalties for failing to do so including termination. 

You may also have problems getting certain types of licenses in the future even if you are acquitted on the DWI case.  DMV maintains a record of your suspensions or revocations for DWI that can be accessed by employers and insurance carriers.

Civil Forfeiture:

In addition to losing your license, you also face the risk of losing your car through a civil forfeiture.  With a civil forfeiture, the police or District Attorney seek to keep you car on the grounds that it was used to commit a crime. 

Commercial Drivers:

After September 30, 2005, a driver with a Commercial Drivers License (CDL) will have their license revoked for at least one year for a DWI related offense or refusal to take a breath test.  There is no relief from this penalty and it is enforced in every state.

Occupations Licenses:

Often someone’s teaching or nursing license can be put at risk because of a DWI case.  Your application for a license may be denied.  And, if you have a license, it could be revoked.  It is possible to obtain a Certificate of Relief from Civil Disabilities from the Court to help you.  A DWAI conviction may also prevent you from a career in law enforcement.

Auto Insurance:

It is likely that your insurance rates will double for a period of 10 years as a result of a DWI or DWAI conviction.  This is why it is often more cost effective to fight the case by hiring a lawyer.  We will also advise you about how to handle your insurance carrier if there is an accident claim stemming from your DWI case.  You may also be denied further coverage if there is a fatality.

Lawyers:

A DWAI conviction does not require mandatory reporting to the Disciplinary Committee.  If you are convicted of DWI, however, you will have to report the case and defend yourself.  We can advise you how to protect your license to practice law in these circumstances.

DWI Under 21:

If you are arrested for DWI and under 21 years-old, you face enhanced penalties if with a BAC as low as .02.  There are serious effects on your license including a one-year revocation for refusing a breath test.

Accidents & Lawsuits:

DWI often presents a very serious situation if there is an accident or injuries.  You need to be very careful because a plea to DWAI can be considered an admission of guilty and result in a serious civil liability.  Under these circumstances, it is often better to proceed to trial and be convicted of a DWAI than admit to it in a plea.

Bankruptcy:

If you are hit with a judgment or damages result from a DWI, these obligations cannot be discharged in bankruptcy.  This also applies if you have a DWAI.

Fatalities:

If there is a fatality related to a DWI accident, you have to file an accident report with DMV.  DMV may suspend your license if there is evidence of alcohol intoxication or impairment.  DMV will also conduct a fatality hearing conducted by a DMV Administrative Law Judge (ALJ).  The ALJ has the power to suspend or revoke your license at the hearing. 

Worker’s Compensation:

You can be denied worker’s compensation benefits if you are injured in an accident involving DWI or DWAI.

Civil Penalties:

You are subject to a $750 Driver’s Responsibility Assessment if convicted of DWI or DWAI.  The court will also impose fines between $300 and $2500 depending on your case as well as surcharges that can exceed $75.  If you are sentenced to probation, you will also have to pay a $30 monthly supervision fee.  You could also have to pay approximately $1,000 per year if required to have an ignition interlock system.  

Child Custody & Support:

A DWI case may also effect your custody rights and support obligations.  It may be seen as ground for unfitness for custody.  In addition, cases say that child support cannot be reduced for people incarcerated as a result of a DWI conviction. 

Travel:

You will not be able to travel to Canada for a period of 5 years after a DWI or DWAI conviction in New York.  This can be a serious situation if you are denied entry at the Canadian border or in a Canadian airport.

Firearms:

DWI and DWI convictions often result in pistol permits being denied or revoked.

These are just some of the costs of a DWI case.  Call us today at 866-NO-NY-DWI (866-666-9394) or our 24/7 emergency line 646-742-9800 for your free consultation. You'll learn how we can help control the collateral consequences of your case.

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