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Will my 21 yr old daughter, recently arrested for DWI, without a doubt have a conviction on her record the rest of her life?

Buffalo, NY |

It's likely to be pled down to DWAI, but is this a misdemeanor which will dog her forever?Is this charge ever dealt with as an Adjournment in Contemplacment of Dismissal?

Attorney Answers 4


If it is plead down to Driving while Ability Impaired, then she will not have a criminal record. If she is convicted of the misdemeanor, New York does not have an expungement statute so it she would have a criminal record for the rest of her life. It is the extremely rare circumstance, where a prosecutor allows a DWI charge to be plead down to something other than the DWAI but there is nothing to legally prevent it from happening. I've had it happen a couple of times but it is usually under very unique circumstances.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website

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Forget an ACD - that's not happening. Whether you get a plea down to an impaired depends on the facts of the case and what County you are in. An impaired is not a crime.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at The above answer is for informational purposes only and not meant as legal advice.

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Please note that even a plea to a DWAI will "dog her" forever if she applies for a job in law enforcement, and/or perhaps for a professional driving position.

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Before you assume that your daughter will be convicted, the first thing you should do is to have a consultation with an experienced criminal defense attorney that handles DWI cases.

A DWI conviction will remain on your daughters records not only for potential enhancements if she is ever arrested again for another DWI in New York or in many other states, but also for insurance purposes.

Good Luck-

Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all of your rights.

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