DWAI Record Duration-Insights from a DWAI Defense Lawyer- NY DUI/DWI & Criminal Defense Attorney

Duration of a DWAI on Your Record

A DWAI, or Driving While Ability Impaired, is a serious traffic offense in New York that may affect your driving privileges, increase your insurance rates, and even ruin your reputation. Knowing how long a DWAI charge will hang over your head is important when it comes to planning your future. An experienced DWAI defense attorney will walk you through the legal process to protect your rights. Let’s find out “what does DWAI mean” and dig deeper into the details of the charges for DWAI offenses and their long-time effects.

What is a DWAI?

A Driving While Ability Impaired (DWAI) conviction in New York can have detrimental effects to an individual’s driving record as well as their life. While DWI is a criminal offense, a DWAI is considered a traffic violation. DWAI charge can occur when a driver’s ability to operate the vehicle is affected by alcohol or drugs in the system, even if the BAC level is below the legal limit of 0.08%. In particular, a BAC between 0.05% and 0.07% can be enough to get a DWAI charge, while anything above 0.08% or higher will lead to a DWI charge. This is where the services of a good DWAI attorney come in if you are facing a DWAI charge. They can explain to you the legal process, how to enforce your rights, and possibly reduce the impacts of a conviction.

Duration of DWAI on Record

In New York, a DWAI case does not get erased from your record, it remains there for the next 10 years from the time you were convicted. This is something that may have long term effects like increased premiums for insurance and issues with employment. Normally, the DWAI does not last more than 10 years, unless you’ve had other offenses. Nevertheless, some employers, or government agencies may still access your complete driving record which includes DWAI.

Criminal Record vs. Driving Record

It is crucial to know the distinction between the two concepts; driving record and criminal record. A DWAI does not result in a criminal record as is the case with a DWI. In New York, a DWAI will be reported on your driving record for the next 10 years but it is not considered a criminal charge. Nevertheless, the conviction is still entered into the Department of Criminal Justice Services (DCJS) system under the RAP sheet. This record exists indefinitely and can be retrieved by the police and other specified organizations.

Implications of a DWAI Conviction

A DWAI conviction in New York can have lasting effects on your life, from increased insurance rates to potential job challenges. Let’s understand them in detail!

Employment Opportunities

Having a DWAI on your record can render you ineligible to get certain types of employment, especially those where driving or requiring a clean record is involved. Employers at one level or another do consider your driving record, and a DWAI conviction in the record may trigger a critical review of such employees as untrustworthy and having poor judgment.

Insurance Rates

Insurance companies consider a DWAI conviction to be a liability and will increase your premiums. The increases in insurance rates may follow you for the full 10-year period the conviction will remain on your driving record, which will make it difficult to receive reasonable insurance rates during that time.

Travel Considerations

If you plan to travel, especially outside the United States, it would be pretty important to find out what a conviction under DWAI might do in your case. While several countries may not restrict entry based on a DWAI conviction, some may search criminal history. It is good to research entry requirements for the country in which you are going to visit.

Sealing a DWAI Record

New York has allowed for the sealing of certain criminal records subject to certain conditions. Yet, a DWAI charge cannot be sealed because it is a traffic violation. For other offenses that are allowed to be sealed, you must wait for a period of 10 years from the date of the conviction, there should be no pending charges against you, and you should not have more than two other convictions. An application has to be made to have the records sealed and a prosecutor may oppose it. It is always advisable to have a special DWAI attorney such as Steven Siegel to help in this process and ensure that all the documents and reasons are well put down.

Conclusion

In summary, a DWAI will stay on your driving record for 10 years in the state of New York and could also increase the price of insurance and cause job-related issues. Although it doesn’t result in a criminal record, it is still permanently recorded in the DCJS system. However, you can control the fallout of a DWAI conviction by obtaining legal advice from our highly experienced DWAI defense lawyers from The Law Office of Steven S. Siegel PLLC. Contact us today for a consultation!

Table of Contents

What is a DWAI?

Duration of DWAI on Record

Criminal Record vs. Driving Record

Implications of a DWAI Conviction

Employment Opportunities

Insurance Rates

Travel Considerations

Sealing a DWAI Record

Conclusion

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