A DWI Charge and Your Record

Following a DWI arrest, you will have two separate cases to face. The first is a hearing with the New York State DMV. Here you will have to fight to keep your driver’s license. The other is a criminal court case where you will be subject to criminal penalties like heavy fines, probation or even jail.

Both an administrative license suspension and a criminal charge will affect your record. The administrative side is governed by civil law and relates to your driving license and driving record. The criminal charge will be governed by criminal law, which will be dictated by fines, penalties, sentencing and parole.

Administrative:
Under the administrative license suspension, your driver’s license will be suspended before conviction if you fail or refuse to take a chemical test. This will happen even before you go to court.

Usually after the arrest, you are required to schedule an administrative hearing within 5 to days. This hearing has nothing to do with your appearance in court. You will be asked such questions as: did the officer request that you take a test, did you refuse or fail the test and should your license be suspended or revoked?

Criminal:
You will be required to appear in criminal court following your DWI arrest. It is here where you will find out: what fines and taxes you must pay, how long you will lose your license, whether an ignition interlock system will be installed on your car and whether or not you have to participate in community service.

If you are convicted of a DWI, you will have a criminal record. Contrary to popular belief, a drunk driving conviction may remain on your record forever unless your state allows it to be removed or “expunged”. Therefore, it will appear on your record for employers, credit bureaus and government agencies to see. This affect such things as your future employment for years to come.

At Anelli Xavier, we can represent you both in the administrative hearing and in criminal court. We’ll be there with you every step of the way and find out if the possibility of expungement of your criminal record is a possibility.