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Convictions for a DWI Driver can mean the loss of a person’s job,
especially if someone drives for a living. Many employers, will
not continue to employ a person convicted of DWI, or even hire
such a person. The person who is convicted is not the only person
who will suffer, the DWI driver's family also suffers, through the
loss of income and damage to a person’s reputation. Many of our
elected officials fail to focus on or even consider the serious
consequences that stem from a conviction for DWI when instituting
a policy. Instead, they succumb to the pressure from groups like
MADD to institute harsher treatment against those charged with DWI
and Drivers convicted of DWI.
For example currently, most District Attorney Offices on Long
Island will require that a person charged with DWI for the first
time, who has .13 or more in a Breath Test reading, to plead
guilty to the Misdemeanor, no matter what the circumstances or the
negative effect is on the life of the DWI Driver or their family.
This Criminal Conviction of a DWI will remain with this individual
for the rest of their life. While other types of criminal charges
are routinely pled down, A DWI of .13 or more is rarely if ever
pled down. The same holds true for persons charged with DWI as a
result of a Refusal to Submit to a Breath Test. On the other hand
people arrested for drug charges, even Felony possession and
Felony Sales are permitted to enter into drug court or drug
programs and, upon successful completion, the charge is either
dismissed with no criminal record to follow this person, or pled
down to a non-criminal offense. In essence, this person is given
a second chance to start anew. The New York Judicial Diversion
Program for Drug Offenses also allows these individuals to seal
their previous convictions on their record from the public, i.e.:
preventing employers, schools, etc., from seeing previous
convictions. The rationale for these programs and that policy is
simple and recognizes that a person may make a mistake based upon
a lapse in judgment and should not suffer the consequences for the
rest of their life.
This aforementioned rationale is not extended to Drivers charged
with DWI. No such program or policy exists for People charged
with DWI who are above a .13 reading even though Alcohol is of
course a drug. Despite this, the NY State Legislature and Local
County District Attorney Offices treat a Driver charged with DWI
much harsher than those charged with a Drug Offense. Instead of
trying to educate and rehabilitate a DWI Driver as they do in Drug
Cases, their focus is on punishment of the DWI driver; branding a
DWI Driver as a criminal for the rest of their life for a one time
error in judgment which did not result in an injury to anyone.
A conviction for a Misdemeanor DWI
is particularly damaging to
young people who have not yet started their lives. A conviction
for a Misdemeanor DWI can affect their ability to receive
financial aid for College, and even entrance into some colleges.
A conviction for a Misdemeanor DWI can also bar their ability to
obtain employment in various areas of employment, such as
teachers, law enforcement and a multitude of government and
non-government jobs. Moreover, after a conviction for a
Misdemeanor DWI, professional licenses like medical and law
licenses are at risk. Unlike other progressive states, New York
State does not have an expungement statute whereby after a number
a years a person can apply to the Court to get their record
expunged or wiped clean. A conviction for a DWI in New York
remains with a person for life.
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Given the unwavering policies of many County District Attorney
Offices... |
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...many charged with DWI driving are forced to go to trial
to protect their livelihood or the future of their children. Not
only does this incur a great expense on the DWI defendant or his
family, but also on the County and Taxpayer. Compassionate and
educated juries, many times realizing the unjustness of the
situation and serious repercussions on the defendants’ life, and
that of their family, will acquit the defendant of the DWI
charges, or compromise on the lesser included offense of 1192.1,
which is Driving While Ability Impaired by Alcohol, rather than
convict of the top counts which are misdemeanors. In other times,
they acquit the Person of all charges. These juries realize that
under the law, they do not have to accept the reading of the
breath test as accurate or the Police Officers version of the
events or opinions as accurate, and applying the presumption
of innocence and reasonable doubt they acquit. A verdict of
not guilty is non- reviewable and thus cannot be appealed by the
Prosecution. |
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