Being found guilty of driving while intoxicated by drugs or alcohol doesn’t only involve penalties of jail time, monetary fines, and a criminal record. A conviction can also come with a variety of collateral consequences. These types of secondary consequences can have a significant impact on both your personal life and your livelihood. If you’ve been charged with a DWI, it’s essential to have an experienced DWI attorney by your side who can create an effective defense strategy in your case to mitigate the impact.
Below are five potential collateral consequences of a DWI conviction in New York:
1. License Suspension
One of the most significant consequences of a DWI is loss of your driving privileges. Notably, a DWI conviction in New York can lead to suspension or revocation of your driver’s license. While a first time DWI can result in a six-month suspension, a second or third DWI can result in a license revocation of one year. A third aggravated DWI can mean losing your license for seven years.
Unlike a suspension, a revocation means that your license has been terminated — and you will need to apply for a new one once the revocation period has ended. In some cases, it may be possible to obtain a conditional license before your license is reinstated, which can allow you to drive to work, school, or medical appointments. You might also be required to install an ignition interlock device, which prevents the vehicle from starting if it detects alcohol on your breath.
2. Professional Licensing Matters
Having a DWI on your record can sometimes interfere with professional licensing and employment matters. For instance, doctors, lawyers, nurses, pilots, commercial drivers, government employees, teachers, and other licensed professionals can all be negatively impacted by a DWI conviction. In other professions, being found guilty of a DWI can lead to limited employment opportunities or damage to your professional reputation.
3. Car Insurance Rates
Insurance companies typically find that someone with a DWI on their record is more of a risk on the road. This means that following a DWI conviction, your car insurance rates can increase drastically. You can expect these rates to remain high for about three to five years. In addition, you may be required to file an SR-22 form to prove you have the minimum required car insurance coverage.
4. Immigration Status
Non-U.S. citizens and permanent residents can sometimes face immigration consequences if they’ve been found guilty of a DWI. For instance, a DWI conviction can result in deportation, denial of entry, or denial of a visa renewal — especially if there were aggravating factors in your DWI case. It could also impact an application for U.S. citizenship.
5. Custody and Visitation Rights
A DWI conviction can sometimes have an impact on a child custody case in family court, raising questions of alcohol dependency and abuse. It may also result in the family court deeming you to be an unfit parent. Critically, if the DWI occurred while a child was in the vehicle, you can be charged with a Class E felony — and the family court may award physical custody to the other parent on the grounds of a conviction.
Contact an Experienced New York Criminal Defense Attorney
A DWI can affect many aspects of your life. It’s crucial to have an experienced criminal defense attorney by your side to help you avoid a conviction and the collateral consequences that can come with one. The attorneys at D’Emilia Law offer knowledgeable representation and skillful advocacy for those who have been charged with DWI offenses and are committed to securing the best possible results in every case. To schedule a consultation, contact us at 1-888-DEMILIA.
