DWI Statute

In the state of New York, a driving while intoxicated offense is:

New York State, Vehicle and Traffic Law,  Section 1192

Typical Sentencing for First Offense

Jail Up to 1 year
Fines $500 – $1,000


  • Surcharge of $395 ($400 if the case is in either a Town or a Village Court)
  • Driver responsibility assessment of $250 a year for 3 years
License Suspension 6 months (one year for drivers with a BAC of .18% or more or for drivers under 21 years old)
Interlock Ignition Device (IID) 6 months to completion of probation term
Probation 3 years

Alternative Resolutions

These lead to no conviction and are called conditional discharge. Admissibility remains unavailable until completion and in the interim of these alternative programs.

Availability for DWI                                          No

Background checks

Pleading Down

Pleading guilty to some offenses is not equivalent to a crime in Canada, therefore it does not result in inadmissibility. Your lawyer could also argue for a traffic violation or highway obstruction to contest a DUI/DWI and these do not result in inadmissibility to Canada.

Availability for DWI                                          No

Expungement & Pardons

This allows your criminal record to be cleared. DUI convictions are eligible for expungements after the completion of the sentence, provided that there are no other charges pending against the offender.

Availability for DWI                  No
General info
  • Under a new law effective October 2017, sealing of up to two convictions (only one felony) after 10-year waiting period for all crimes except sex offenses, class A and violent felonies
  • Automatic sealing of records following deferred adjudication. Conditional sealing of certain drug and other felony offenses and up to three misdemeanor convictions upon completion of diversion program; sealing also applicable to juvenile offender adjudications and proceedings
  • Automatic sealing of non-conviction records upon termination of the action in favor of the accused unless DA demonstrates “that the interests of justice require otherwise.”
  • A Certificate of Relief from Disabilities (CRD) or a Certificate of Good Conduct (CGC) may be obtained to restore certain rights, may be limited to one or more specific rights
    • CRD available to individuals with no more than one felony, as early as sentencing
    • CGC available to individuals with multiple felonies after 1-5 year waiting period
  • Persons residing in New York with convictions from other states or with federal convictions may qualify for certificates.

Application Links

If inadmissibility to Canada cannot be avoided, these are the remedies offered:

FWCanada free consultation offer

At FWCanada, we are happy to offer free consultation to promptly provide honest assessment of your case and chances of success. As one of the leading immigration law firms in the country specializing in criminal inadmissibility, we have extensive experience in handling a wide range of cases. We prioritize detailed review of each client’s case to optimise application approval.

Please call on our toll free number: +1 (855) 316 3555 to ask all your burning questions and remedy confusions, because providing honest and accurate advice is our ethos.

FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration, follow FWCanada on Facebook, Twitter and LinkedIn