According to the New York State Department of Motor Vehicles, the penalties for a DWI conviction include fines, jail time and license revocation. There are also lasting repercussions that could impact other aspects of your life.
If you have a DWI conviction on your criminal record, it could affect your chances of obtaining child custody. Ultimately, the family court judge will act in the best interests of the children involved, which means considering the circumstances of all criminal convictions on your record.
If you are facing DWI charges in Westchester County, contact Darren DeUrso, Attorney at Law. Mr. DeUrso is a DWI lawyer in White Plains who will investigate your arrest, gather evidence, and structure a comprehensive defense based on the unique facts of your case.
Darren DeUrso is a member of the American Bar Association and the New York State Bar Association, and his office is available 24 hours a day. Call 914-772-8614 to start planning your defense.
Is There a “Look-Back” Period for DWI Convictions during Child Custody Cases?
In the state of New York, a DWI conviction will remain on your driving record for 10 years, and a felony conviction will remain on your criminal record forever. There is no “look-back” period that prevents the family court from seeing DWI convictions beyond a certain date; however, the time since your conviction can affect your custody case.
If your DWI conviction occurred more than 10 years ago and you have not had any legal trouble since, it may not affect your chances of obtaining custody; however, more recent or multiple convictions are harder to overcome in family court.
The penalties you faced following your conviction can also affect the outcome of your custody case. For example, the family court judge may not look favorably upon your situation if you served time in jail for the DWI.
What Other Convictions Can Affect Child Custody?
Although your ex-spouse can reference any of your prior criminal convictions during your custody case, there are certain offenses that will have a direct and profound effect on child custody proceedings. For example, according to the Child Welfare Information Gateway, 24 states and Puerto Rico have the power to terminate the parental rights of individuals whom the courts have convicted of a sexual offense. Additionally, in 15 states, a conviction for sexual assault that results in conception is grounds for the termination of parental rights.
As you can see, a conviction for DWI and other criminal offenses can have far-reaching consequences. If you were arrested for DWI in Westchester County, turn to Darren DeUrso, Attorney at Law.
Depending on the facts of your case, there may be a defense that convinces the prosecuting authority to reduce your charges or penalties, or dismiss your case altogether. Call 914-772-8614 to schedule a consultation with a White Plains DWI lawyer. You can also learn more about DWI penalties in New York by visiting USAttorneys.com.