New York, NY - The Kugel Law Firm (https://thekugellawfirm.com/what-type-of-crime-is-a-dwi-in-new-york/) today released comprehensive guidance from its New York DWI attorneys detailing how New York classifies DWI offenses, what appears on criminal and driving records, and how recent record-sealing reforms affect individuals with alcohol or drug driving convictions. The announcement outlines the distinctions among misdemeanor, felony, and non-criminal violations under New York Vehicle and Traffic Law and explains the timelines for potential record sealing under the Clean Slate Act. The overview aims to clarify the consequences that can follow a conviction and highlight legal strategies available to pursue reductions or dismissals where facts permit.
The firm’s guidance confirms that DWI under VTL 1192(2), 1192(2-a), and 1192(3) is a criminal offense, while a first-time DWAI alcohol under VTL 1192(1) is a non-criminal traffic infraction. New York DWI attorneys at The Kugel Law Firm note that DWAI drugs under VTL 1192(4) and DWAI combination under VTL 1192(4-a) are generally misdemeanors. Penalties can include fines, license suspension or revocation, ignition interlock installation, probation, higher insurance premiums, and in some cases incarceration. Felony exposure rises with repeat offenses within 10 years, and Leandra’s Law makes driving under the influence with a child age 15 or younger an automatic Class E felony, even for a first offense.
The firm further explains that record consequences fall into two tracks. On the DMV driving record, a DWI conviction typically remains visible for 15 years from the date of conviction, and a DWAI alcohol violation generally appears for 10 years. On the criminal record, New York generally does not expunge adult DWI convictions, but courts may seal certain cases after 10 years under CPL 160.59 if eligibility criteria are met. New York DWI attorneys at The Kugel Law Firm also address the Clean Slate Act, which took effect on November 16, 2024, and directs courts to implement automatic sealing for many convictions within a three-year rollout, with most misdemeanors eligible after three years and most felonies after eight years measured from the later of sentencing or release. Sealing does not erase law enforcement access and does not undo separate DMV consequences.
Beyond criminal exposure, collateral effects can extend to insurance and employment. Industry analyses frequently show significant premium increases after a DWI, with average annual surcharges often in the range of 900 to 1,000 dollars depending on carrier and profile. Employment screening rules also apply. In New York City, the Fair Chance Act restricts timing and use of criminal history in hiring decisions, while statewide Article 23-A requires an individualized assessment of factors such as the age of the offense, job duties, and evidence of rehabilitation. New York DWI attorneys at The Kugel Law Firm underscore that outcomes can vary widely. In some cases, negotiations may reduce a DWI to a DWAI alcohol violation, avoiding a criminal conviction and shortening the DMV display period.
The guidance outlines actionable defense considerations. Counsel can review stop legality, advisements relating to chemical test refusal, Miranda warnings, maintenance and calibration records for breath or blood testing, and witness accounts. Medical conditions that mimic intoxication indicators may complicate interpretation of field sobriety results, and documentary accuracy can become pivotal. Early case evaluation allows targeted motions practice, identification of mitigation, and development of a resolution strategy that seeks to protect a license, limit insurance consequences, and narrow long-term record exposure.
About The Kugel Law Firm:
The Kugel Law Firm is a criminal defense practice focused on defending allegations of Driving While Intoxicated and Driving While Impaired by Alcohol or Drugs, as well as related traffic and misdemeanor matters. The firm serves clients throughout New York City and surrounding counties, with additional representation available in New Jersey through affiliated offices. The team emphasizes rigorous case review, motion practice, and tailored negotiation strategies.
For consultations, call (212) 372-7218 or visit www.thekugellawfirm.com to request an appointment.
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Phone: (212) 372-7218
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Website: https://thekugellawfirm.com/new-york-dwi-lawyer/
