A Driving While Intoxicated (DWI) conviction can have lasting consequences, affecting your driving privileges, employment opportunities, and personal reputation. Understanding how long a DWI stays on your record is crucial to navigating the legal and social implications of such a conviction. In New York, the length of time a DWI remains visible on your record can vary depending on factors such as the severity of the offense and whether it is your first conviction. If you’re facing a DWI charge or already have one on your record, it’s important to seek expert legal advice. Contact Sivin, Miller & Roche LLP today to discuss your options and how we can help protect your future.

Does a DWI Go On Your Driving Record?

Yes, a DWI (Driving While Intoxicated) conviction will appear on your driving record. In New York, a DWI conviction is a serious offense that results in significant repercussions, including an entry on your driving history. Law enforcement, the Department of Motor Vehicles (DMV), insurance companies, and sometimes potential employers can access this record, which can affect your insurance rates, your ability to drive legally, and even employment opportunities in certain fields.

This entry on your driving record means that any subsequent driving infractions or legal matters related to driving will often take into account the prior DWI, potentially leading to harsher penalties. The appearance of a DWI on your driving record underscores the importance of seeking legal guidance to understand your options and the full impact of a conviction. So, how long does a DWI stay on your record?

How Long Does a DWI Stay On Your Record?

In New York, a DWI conviction will be displayed on your driving record for 15 years from the date of the conviction. This extended period reflects the state’s serious stance on impaired driving and serves as a deterrent for future violations. During this time, a DWI on your record can have significant repercussions, including higher insurance premiums, challenges in obtaining certain jobs, and potential limitations on driving privileges.

It’s essential to understand that while a DWI may be removed from your driving record after 15 years, the conviction may still appear on your criminal record indefinitely unless specific legal steps are taken. For individuals facing a DWI charge, consulting with experienced DWI attorneys like those at Sivin, Miller & Roche LLP can make a critical difference in understanding your rights and exploring all available options for minimizing the impact of a conviction on your record.

Other Violations

While DWI convictions have a significant 15-year presence on your record, it’s important to understand how long other traffic violations remain visible on your New York State driving record, also known as your Abstract of Driving Record. At Sivin, Miller & Roche LLP, we want to ensure you understand exactly what appears on your record and for how long.

Most standard traffic violations, including accidents and general traffic convictions, will remain on your record until the end of the year in which they occurred, plus an additional three years. For example, if you receive a speeding ticket conviction in June 2024, it would stay on your record until December 31, 2027.

The timeline varies significantly based on the severity of the offense. License suspensions and revocations will appear on your record for four years from the date the suspension or revocation ended. This means even after you’ve regained your driving privileges, the suspension history remains visible to those who can access your driving record.

The most serious offenses carry the longest records. Vehicular homicide, given its severity, may remain on your driving record permanently. This permanent mark reflects the gravity of such violations under New York State law.

Understanding these timelines is crucial for both employment purposes and insurance considerations. If you’re concerned about violations on your driving record or facing new charges, our experienced attorneys at Sivin, Miller & Roche LLP can help you understand your options and potential consequences.

Can a DUI Conviction Be Removed from Your Record?

In New York State, removing a DUI/DWI conviction from your record (known as expungement) is generally not possible. At Sivin, Miller & Roche LLP, we often receive questions about this topic, and it’s important to understand the permanence of these convictions.

Unlike some other states, New York does not allow for the expungement of DWI convictions. Once you’re convicted of a DWI, the conviction becomes a permanent part of your criminal record, though it will only appear on your driving record for 15 years from the conviction date.

However, there are two important points to consider:

1. Sealed Records: While expungement isn’t available, some criminal records can be sealed under New York Criminal Procedure Law § 160.59. However, you must meet certain criteria, such as completion of a designated period since your conviction and not having any subsequent criminal offenses. Sealing a record means it will not be accessible to the general public, although certain entities like law enforcement may still view it.
2. Case Dismissal: If your DWI case was dismissed or you were found not guilty, you may be eligible to have the arrest record sealed under CPL § 160.50. This is why having skilled legal representation from the start is crucial – at Sivin, Miller & Roche LLP, we work to achieve the best possible outcome in your case before a conviction occurs.

Given the permanence of DWI convictions in New York, the best strategy is to fight the charges before they result in a conviction. If you’re currently facing DWI charges, contact Sivin, Miller & Roche LLP immediately. Our experienced criminal defense attorneys can evaluate your case and develop a strong defense strategy to protect your rights and future.

Who Can Access My Driving Record?

At Sivin, Miller & Roche LLP, we understand that many clients are concerned about who can see their driving history. Here’s what you need to know about who has access to your New York State driving record:

Employers and Potential Employers

• Companies hiring for driving positions can request your record
• Background check companies working on behalf of employers
• Especially relevant for commercial driving positions or jobs requiring company vehicle use

Insurance Companies

• Your current auto insurance provider
• Insurance companies you’re seeking coverage from
• They use this information to assess risk and set premium rates

Law Enforcement

• Police officers during traffic stops
• Court officials during legal proceedings
• District attorneys’ offices during investigations

Government Agencies

• Department of Motor Vehicles (DMV)
• State licensing agencies
• Transportation regulatory bodies

Yourself

• You have the right to request and review your own driving record
• Can obtain it through the NYS DMV website or in person
• Important for verifying accuracy and understanding what others might see

While various parties can access your driving record, there are important protections in place:

• Access requires proper authorization
• Records can only be obtained for legitimate business purposes
• Unauthorized access is illegal under privacy protection laws
• The DMV maintains logs of who accesses your records

If you’re concerned about your driving record or need assistance understanding what information is visible to others, contact Sivin, Miller & Roche LLP. Our experienced attorneys can help you understand your rights and options regarding your driving record privacy.

Contact Sivin, Miller & Roche LLP for DWI Defense

If you’ve been arrested for or convicted of a DWI in New York, you need experienced legal representation to protect your rights and future. At Sivin, Miller & Roche LLP, we understand the serious impact a DWI conviction can have on your life – from your ability to drive to your employment opportunities. Our skilled criminal defense attorneys have extensive experience handling DWI cases throughout New York City and can help you understand your options, whether you’re facing new charges or dealing with the consequences of a past conviction. Contact our office today for a confidential consultation. Let us put our experience to work for you and help you navigate this challenging situation with the expertise and dedication you deserve.