Getting a DWI doesn’t just involve the alcohol and the “driving while under the influence” on a person’s record. There are two aspects to a drunken driving conviction – an administrative license suspension and a criminal charge. Keep in mind that both affect the person’s record. The administrative side controlled by civil law in New York and relates to the person’s driver license and driving record. The criminal aspect is governed by criminal law and dictates fines, fees, penalties, sentencing and parole. Neither one is either more or less serious than the other, since both affect the person’s life in some way. Driving under the influence is a choice that someone made, and for every choice, there comes consequence.

 

Under an administrative license suspension, a person’s license is taken away before conviction when a driver fails or refuses to take a sobriety test – i.e., right on the spot and before they ever go to court. As the process of getting a DWI attorney, dealing with car insurance and other such matters ensues, the length of time that the license is suspended will vary depending on the outcomes of each of these steps.

 

Most areas of the state have these laws and may require the person to schedule an administrative hearing within a short period of time after the arrest – generally within 5 to 10 days. This hearing is independent of the actual DWI case. At this point, the hearing does not deal with whether the person is guilty of a criminal act, but instead addresses the circumstances surrounding your arrest such as if the arrest was based on reasonable grounds, if the officer requested that they take a test, if they were made aware of the consequences of not taking a test (should they remember), if they failed it, as well as if their license should be revoked.  

 

The criminal side of the DWI case comes after these outcomes are all worked out. After a drunk driving arrest, a person generally goes to court for sentencing.  At this point, the New York DWI attorney will take control of the DWI case, and fight for the person in court. Most drunk driving convictions are classified as misdemeanors when no injury is involved, but could be classified as felonies in cases when serious injury or death occurs as a result.

 

The sentencing of the DWI case will determine many things including how the conviction will be classified, what fines the person has to pay, how long the license is revoked, whether a parole is granted, if any drug classes or community service will be required, etc.  Penalties can be severe for first time DUI offenses and are always greater for second and third time convictions.

 

Convicted drunk drivers will have a subsequent criminal record. Contrary to popular belief, a drunken driving conviction may remain on a person’s record forever unless someone allows it to be taken off (expunged). Therefore, it will appear on their record for employers, credit bureaus, and government agencies to see.