Being charged with driving while intoxicated (DWI) can be the beginning of a stressful time. A conviction may come with severe consequences. In addition to fines and a possible prison sentence, the collateral consequences of a felony DWI conviction include the loss of certain rights and privileges. Depending on the case, some of these rights may eventually be eligible for restoration. If you have questions about restoring your rights after a DWI conviction, consider contacting an experienced DWI attorney at the Law Office of Benjamin Greenwald in Middletown, New York. Call our dedicated legal team at (845) 567-4820 to schedule a consultation.
Is a DWI Charge a Felony in New York?
In New York, a charge for driving while intoxicated (DWI) can either be a misdemeanor or a felony. This classification depends on various factors, including the number of prior offenses and the circumstances surrounding the DWI arrest. A first-time DWI offense is typically considered a misdemeanor.
However, a person with two or more DWI convictions within a 10-year period, inclusive of the new charge, will generally receive a class E or D felony charge. If the incident surrounding the DWI charge involved a victim’s serious injury or death, even a first-time charge could be elevated to a felony. The specific charge, if convicted, will determine which rights may be affected and for how long.
What Is the Impact of a DWI Conviction on a Person’s Rights?
A DWI conviction can have a significant impact on a person’s rights and freedoms. These can include suspending or revoking the person’s driver’s license, requiring the payment of fines, and potential jail time. A criminal record can affect a person’s employment, housing, and education opportunities. The long-term consequences of a DWI conviction include increased auto insurance premiums and an inability to obtain federal aid or professional licensing.
Further affecting the person’s lifestyle, the following rights and privileges may be revoked either temporarily or permanently, depending on the case:
- The right to vote, while incarcerated
- The right to use, purchase, or possess firearms
- The privilege of serving on a jury
- Eligibility for federally funded housing
- Driving privileges
The Right To Vote
Felons in New York face various restrictions on their rights, including the right to vote. An incarcerated person with a felony conviction does not have the right to vote in an election. According to the New York State Board of Elections, citizens convicted of felonies can vote after completing their sentence or being released on parole. Those who were not incarcerated, are on probation, or who are incarcerated for misdemeanor charges are eligible to vote, according to the New York Civil Liberties Union (NYCLU). Those who were sentenced to prison will need to register to vote again after their release, even if they were previously registered.
The Right To Use, Purchase, or Possess Firearms
Restoring gun rights to felons in the state of New York may be possible under certain circumstances, according to the New York State Bar Association. Specifically, if a person is convicted of a lesser nonviolent state felony, he or she may be eligible to obtain a Certificate of Good Conduct (CGC) and request the removal of the firearm prohibition. This certificate is intended to demonstrate that a convicted felon has been rehabilitated and is, therefore, no longer a threat to public safety. Even with a CGC, however, restoration of gun rights is not guaranteed.
The Privilege of Serving on a Jury
A person who has been convicted of a felony will be disqualified from serving on a jury in the state of New York. This right may only be restored if the person receives a pardon or obtains a Certificate of Relief from Disabilities (CRD) or a CGC.
Eligibility for Federally Funded Housing
A felony DWI conviction may not bar a person from residing or applying to reside in public housing. A resident may be evicted for certain offenses, and an applicant may be denied for certain offenses. However, these decisions are not mandatory and are generally made at the discretion of the housing authority.
Driving Privileges
One of the immediate consequences of a DWI conviction is the suspension or revocation of a person’s driver’s license. Reinstating a license involves meeting specific requirements. These may include completing a DWI education program, paying fines, and even installing an ignition interlock device on the driver’s vehicle. The process for restoring driving privileges may vary depending on the circumstances of the case.
Overcoming Employment Challenges
A DWI conviction can create significant barriers to employment. First, an applicant must admit to having a criminal conviction on his or her job application. Because a potential employer may also conduct a background check, it is important to be transparent. Demonstrating rehabilitation and a willingness to take responsibility for past actions can help to mitigate the negative impact of a DWI conviction on employment prospects.
Some companies are stricter than others about hiring someone with a conviction, and many will make their determination based on the type of conviction. Additionally, an inability to renew or obtain a professional license due to the conviction may require a person to change careers. However, there may be options to overcome these challenges.
Certificate of Relief from Disabilities vs. Certificate of Good Conduct
A Certificate of Relief from Disabilities (CRD) may restore certain rights lost due to a felony conviction. According to the New York State Department of Corrections and Community Supervision, the CRD may remove any prohibition imposed due to the specified conviction, including the right to apply for certain licenses and permits. This certificate does not, however, permit the holder to remain in or become eligible for public office, nor does restoring a person’s right to apply for housing, employment, or license guarantee that any of these will be approved. A person convicted of a felony charge may apply for a CRD at sentencing, after sentencing if not in state prison, or after release from prison.
A Certificate of Good Conduct (CGC) may help restore rights to those who have more than one felony conviction, improving their chances of securing employment or education opportunities. The CGC may also restore a person’s right to seek public office, which is not available with a CRD. To obtain a CGC, a parolee must meet specific criteria, including demonstrating rehabilitation during a minimum number of years based on the classification of the felony. Those with a class C, D, or E felony must wait a minimum of three years after the final act related to their conviction—the conviction date, date of last fine payment, or date of release from prison. Those with a class A or B felony must wait five years.
Sealing a Criminal Record
New York does not offer expungement for DWI convictions, which means that the record cannot be completely erased. However, some felony conviction records may be sealed under certain conditions. With no more than two convictions on a person’s record—only one of those can be a felony—that person may be eligible to have those records sealed after 10 years with no additional crimes. Sealing a record hides it from the public for most purposes, but it remains visible to certain licensing agencies and law enforcement. A criminal lawyer from the Law Office of Benjamin Greenwald may be able to help determine your eligibility and guide you through the process.
Seek Legal Assistance From a New York Criminal Law Attorney
Restoring rights after a DWI conviction can be challenging. A skilled New York criminal law attorney can provide invaluable guidance and support before and after a conviction. If you have been charged with or convicted of DWI, consider contacting an experienced New York criminal defense attorney with the Law Office of Benjamin Greenwald by calling (845) 567-4820 to learn more about restoring your rights and moving forward with your life.
