What Type of Crime is a DWI in New York? - Rachel Kugel

BSPE Legal Marketing Podcast

From The Kugel Law Firm - In this episode, we discuss "What Type of Crime is a DWI in New York?" and explore the legal and personal consequences of a Driving While Intoxicated (DWI) charge. In New York, a DWI conviction is considered a crime, and its record becomes permanent under the state’s Freedom of Information law. Whether classified as a misdemeanor DWI or a felony DWI, such convictions can significantly impact your future, appearing on a Criminal History Report and affecting job prospects, housing opportunities, and more.

We delve into the differences between first-time DWI charges and repeat offenses. A first-time DWI is usually a misdemeanor, but second and subsequent DWI offenses within ten years may escalate to a Class E or Class D felony, carrying higher fines, longer jail sentences, and extended license revocations. Additionally, sealing a DWI record in New York is rare and requires a 10-year waiting period, a clean record, and in some cases, completion of a drug treatment program for drug-related DWIs.

The episode also highlights the critical role of defense strategies in mitigating or dismissing DWI charges. Your DWI attorney may argue procedural errors, such as failure to read Miranda rights or lack of probable cause for a traffic stop. Other defenses may challenge the accuracy of chemical tests, including breathalyzer results, or demonstrate that a medical condition mimicked signs of intoxication. These arguments can be key to reducing charges to a DWAI, a non-criminal violation, or avoiding harsher penalties.

At The Kugel Law Firm, our New York DWI attorneys are dedicated to protecting your rights and crafting tailored defense strategies based on your unique case. From challenging the prosecution's evidence to exploring plea deal options, we aim to secure the most favorable outcomes for our clients. Contact us today at [phone] to schedule a consultation and take the first step toward protecting your future.
The Kugel Law Firm
111 E 125th St 2nd Fl, New York, NY 10035, United States
[phone]
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