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How Long Does a NY DUI/DWI Conviction Stay on My Record?

 DWI / DUI Conviction and Penalties

According to the NY Department of Motor Vehicles, a DWAI conviction stays on your New York driving record for 10 years and a DWI conviction stays on your record for 15 years. This is what is publicly available to insurance companies, for example. However, law enforcement will always be able to access any conviction or arrest records no matter how old.

Abstract of Driving Record

The DMV provides something called an Abstract of Driving Record. Your Abstract lists only information defined by statute as “public records” which include:

  • Suspensions of your license including the reason for the suspension or revocation and date
  • Convictions including type of violation, location, dates of violation and conviction, sentencing, and fines
  • Accidents including the date and location, whether there was a fatality, personal injury, and/or property damage

Accidents stay on your Abstract for about three years. Most suspensions and revocations are displayed for four years from the date the suspension or revocation ends. Suspensions for refusing to take a breathalyzer (or other) test are displayed for five years.

As noted, DWAIs stay on your record for 10 years and DWI convictions remain for 15 years. Some violations like vehicular homicide remain permanently on your record.

DWAI vs. DWI

In New York, there are generally five categories of drug and alcohol related driving violations that vary according to the severity or type of impairment. The least severe is DWAI/Alcohol which is driving while ability impaired by alcohol. This is where your blood alcohol level/content (“BAC”) is 0.05 BAC to 0.07 BAC.

By contrast, “DWI” is driving while intoxicated with a 0.08 BAC level or higher.

The other categories of are:

  • DWAI/Drug: Driving While Ability Impaired by a single drug other than alcohol
  • Aggravated DWI: Aggravated Driving While Intoxicated: 0.18 BAC or higher or DWAI when a child is in the car
  • DWAI/Combination: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol

The first is similar to DWIA/Alcohol and remains for 10 years; the other two will display for 15 years.

Sealing Your Conviction After 10 Years

As we wrote recently, New York passed a law in February 2017 allowing for the possibility of sealing your criminal conviction if the conviction is more than 10 years old. See § 160.59 of the New York Criminal Procedure Law. The law is new, so procedures are still being put in place. It seems reasonable to assume that, if you succeed in having an old DWI sealed, the old conviction should also be removed from your driving Abstract by the DMV.

Call the Trusted DUI Attorneys at 888-DUI-Lawyer

If you find yourself pulled over, arrested and charged, as soon as you can, you should get help from an experienced Nassau County DWI attorney at  888-DUI-Lawyer. Contact us at (888) 384-5299. As with all arrests, immediate action is necessary to protect your rights. Be careful what you say to the police officers. What you say can and will be used against you at your trial.

The Long Island drunk driving defense attorneys at 888-DUI-Lawyer can also provide advice, information on eligibility, and legal services related to filing an Application For Sealing if you have an old conviction. Call today to schedule your free, no-obligation consultation.

 

 

 

 

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© 2017 888 DUI Lawyer, Richard S. Jaffe, ESQ., Partner, Law Office of Cohen & Jaffe, LLP. All rights reserved.
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