If you’re facing a DWI charge in New York, you’re probably worried about your record. You’re not alone. DWI is a crime in New York, and a conviction shows up on public background checks like the New York State Office of Court Administration’s Criminal History Record Search (CHRS). CHRS leaves out sealed records, but anything not yet sealed can appear.
You might be asking how long DWI stays on your record. New York’s Clean Slate Act (CPL §160.57) started on November 16, 2024. If you qualify, most misdemeanors are sealed after 3 years and most felonies after 8 years. The clock runs from the later of sentencing or release. The court system has until November 16, 2027, to complete automatic sealing of eligible cases. Once sealed, most civil background checks will not show the conviction, although law enforcement and certain agencies can still access it. Until that seal happens, it can be visible.
Penalties for DWI in New York can be serious. You could face fines, a license suspension or revocation, an ignition interlock requirement, probation, higher insurance costs, and even jail, especially with prior convictions or aggravating facts.
There is a real difference between outcomes. A first-time DWAI alcohol under VTL §1192(1) is a non-criminal traffic infraction. DWI charges under VTL §1192(2), (2-a), and (3) are crimes. DWAI drugs under §1192(4) and DWAI combination under §1192(4-a) are also misdemeanors. Repeat convictions can increase penalties and may lead to felony charges. With the right approach, a first DWI can sometimes be negotiated down to DWAI alcohol, so you avoid a criminal conviction.
At The Kugel Law Firm, our New York DWI attorneys are well-versed in the nuances of DWI laws and are committed to advocating for your rights. We focus on building a robust defense, meticulously challenging the prosecution’s evidence, and striving to mitigate or dismiss the charges against you. Our approach is tailored to each client’s unique situation, aiming to achieve the most favorable outcome. Contact us today at (212) 372-7218 to schedule a consultation.
The Difference Between Misdemeanor and Felony DWI in NY
Usually, a first-time New York DWI qualifies as a misdemeanor, which is a less serious offense compared to a felony. Still, both misdemeanors and felonies show up on your criminal record.
Felonies come with greater fines and longer prison sentences compared to misdemeanors. A misdemeanor will usually send you to county jail while a felony can send you to state prison.
In New York, the state will charge you with a felony DWI if:
- A repeat offense can be charged as a Class E felony if you have a qualifying prior within the past 10 years; two priors within 10 years can elevate to a Class D felony.
- Driving under the influence with a child 15 or younger in the car (Leandra’s Law, VTL §1192(2-a)(b)) is an automatic Class E felony, even for a first offense.
Felonies also have varying levels of severity based on the seriousness of the charge you’re facing. So a Class D felony comes with greater punishments than a Class E felony.
All of this means that not all DWI convictions are the same; some can have much worse consequences than others. Also, being charged with a certain type of DWI does not mean that you’re out of options. Depending on the mitigating factors in your case, a skilled DWI attorney can help you get the charges against you reduced to a lesser offense, either a misdemeanor or a DWAI violation, instead of a criminal offense.
The sooner you get started on your defense, the better you can strategize with your lawyer to review the prosecutor’s case against you and fight for the best possible outcome.
How Long Does a DWI Stay on Your Record in NY?
On your DMV driving record, a DWI conviction stays for 15 years from the date of conviction. A DWAI by alcohol, which is a lesser offense, stays for 10 years. Taking a Point and Insurance Reduction Program class can lower the points used for suspension calculations, but it does not erase the conviction from your record. Points used for suspension lookback are based on an 18-month window, yet the conviction itself remains visible for those 10 or 15 years. You can order your own driving record to see exactly what appears.
Your criminal record is different from your DMV record. New York generally does not expunge DWI convictions, but it’s possible in some cases to petition the court to seal a conviction after 10 years under CPL 160.59. To qualify, you must meet limits on the number and type of convictions and have no pending criminal cases. Sealing is not automatic, and law enforcement can still view sealed records.
A New York DWI attorney can review your case to pursue outcomes that reduce long-term impact, like negotiating a plea to DWAI when appropriate, which carries a shorter DMV display period than DWI. They can guide you through programs that may help with license and insurance issues, and prepare a complete CPL 160.59 sealing application when you become eligible. If you are unsure what is on file, your lawyer can pull your DMV abstract and walk you through the next steps.
How a New York DWI Affects Insurance Premiums and Job Prospects
Expect a significant rate hike after a New York DWI. Insurers treat it as a high-risk conviction and typically add a surcharge at renewal. Recent analyses put the average increase at around $900–$1,000 per year, though the exact impact depends on your carrier and profile. Many companies surcharge for at least three years and review three to five years of driving history (often longer for major violations). With sustained clean driving, the surcharge usually tapers over time.
A DWI can also affect your job search, but you still have rights. In New York City, most employers cannot ask about your record until after a conditional offer. If they consider withdrawing the offer, they must follow the Fair Chance Act process and give you a chance to respond. Statewide, Article 23-A requires employers to weigh factors like how long it’s been, the job duties, and evidence of rehabilitation, and they can only deny you if there is a direct relationship to the role or an unreasonable risk.
A New York DWI attorney can challenge the stop and test, seek reductions to non-criminal violations that carry fewer insurance and employment consequences, coordinate alcohol education and mitigation, and guide you on responding to background checks. You get a plan to protect your license, your rates, and your career.
New York DWI Attorney – The Kugel Law Firm
Rachel Kugel
Rachel Kugel and The Kugel Law Firm focus their practice on defending good people facing charges for Driving While Intoxicated or Impaired by Alcohol or Drugs in New York. From the first consultation, Rachel can bring a steady hand and a clear plan, drawing on proven defense strategies tailored to the facts of your stop, testing, and arrest.
Staying on the forefront of DWI defense, Rachel is an active member of the National College of DWI Defense and the DUI Defense Lawyers Association. She’s also been invited to speak on DWI defense and the business of law by AVVO “Lawyernomics,” the New Jersey Bar Association, and Garden State CLE. The firm is AVVO-rated, and Rachel has appeared on the Super Lawyers “Rising Stars” list for three consecutive years, giving clients confidence they’re choosing a trusted, experienced advocate.
Does New York Expunge DWI Criminal Records?
New York does not expunge adult DWI convictions. Instead, the state allows sealing in limited situations. Two paths may apply to you. First, you can apply to seal up to two convictions total, with only one felony allowed, after a 10-year waiting period that runs from the later of sentencing or release. A judge must approve the application, and sealed records remain visible to law enforcement and certain agencies.
Second, New York’s Clean Slate Act creates automatic sealing for many convictions. It begins on November 16, 2024, and the courts have up to three years to complete implementation. Once active, most misdemeanors become eligible for automatic sealing after three years and most felonies after eight years, measured from the later of sentencing or release, with no new convictions during the waiting period. This is sealing, not expungement, and some offenses remain ineligible.
A sealed DWI can still matter for driving consequences. DMV penalties and license actions are handled on a separate track, and your driving record abstract can show alcohol related violations even if a court record is sealed. Commercial drivers also face federal disqualification rules.
A New York DWI attorney can review your history and advise on eligibility under CPL 160.59 or Clean Slate, gather certificates and dispositions, prepare and file a sealing application, and handle any prosecutor objections or hearings. We can also pull your DMV abstract to flag license or CDL issues and explain what a sealed case changes for jobs, housing, and licensing.
How Can You Reduce a DUI in New York?
Every DWI case is different. The only way to know the best defense in your case is to talk to a New York DWI attorney about your specific circumstances.
Depending on the facts of your situation, your lawyer can argue a complete defense to dismiss your case or a partial defense to mitigate or reduce your charges.
To best defend you, your DWI lawyer may argue that:
- You weren’t properly read your Miranda rights during your arrest
- Police officers failed to inform you of the penalties for refusing a chemical test
- There was never any probable cause for your traffic stop
- Witness accounts describe your condition differently than the arresting officer
- You have a medical condition that could have mimicked the warning signs of a DWI
- The breathalyzer or chemical test malfunctioned or was improperly maintained
Your lawyer can also identify and investigate the weak points in the prosecution’s case. The evidence against you may not actually be as strong as it may seem.
This is why you should always speak with a local DWI attorney before accepting a plea deal. Without skilled legal representation, you could end up leaving your rights on the table and agreeing to much harsher penalties than necessary.
| Original Charge | Possible Reduced Charge | Key Factors That Affect Whether Reduction Is Likely |
|---|---|---|
| DWI (Driving While Intoxicated) | DWAI-Alcohol (Driving While Ability Impaired by Alcohol) | First offense, BAC not grossly over the limit, no accident or injuries, procedural or evidentiary weaknesses, quality legal representation |
| Aggravated DWI | Regular DWI | Borderline aggravating factors, prior convictions distant or challengeable, less severe harm or accident, willingness of prosecution to negotiate |
| DWI or DWAI Drug / DWAI Combination | DWAI-Alcohol or lesser violation | Type of substance, strength of chemical test evidence, whether combined influence is clear, prior record, presence of injuries or aggravating conduct |
| DWI (misdemeanor) or some felony DWI charges | Reduced to misdemeanor or non-criminal traffic infraction (rare cases) | District Attorney discretion, strong defense such as probable cause issues or test malfunctions, plea bargaining limits, evidence weaknesses |
Working With a Skilled New York DWI Attorney
Facing a DWI charge in New York can have significant and lasting consequences on your life, making it essential to understand your rights and the legal options available to you. Seeking the guidance and support of an experienced New York DWI attorney can make a substantial difference in pursuing a favorable outcome.
At The Kugel Law Firm, our team has a deep understanding of DWI laws and can bring a wealth of experience to each case. We can review the specifics of your case, challenge the evidence presented against you, and work tirelessly to mitigate or potentially dismiss your charges. Contact us today at (212) 372-7218 to schedule a consultation.
