As experienced Rochester DWI attorneys, we understand that there are many ways a conviction for drinking and driving may impact a client’s life aside from any court-ordered sentence.
Driving While Intoxicated is considered a crime in New York State.
As a result, it carries many of the same personal and social consequences that other criminal level offenses carry.
This includes a potential impact on the right to bear arms.
For a first time offender convicted of a misdemeanor level drinking and driving charge who holds a pistol permit or owns other legal firearms, this first conviction usually will not impact their ownership of any firearms.
While it possible for the conviction to trigger a review of the defendant’s pistol permit, a DWI charge standing alone is unlikely to result in any action against the permit.
Offenders who have prior drinking and driving convictions, however, can find themselves barred from possessing firearms.
This is because prior offenses may result in the current DWI charge being enhanced to a felony, and it is illegal for anyone convicted of a felony to possess firearms.
While a person convicted of drinking and driving may not necessarily be violent or otherwise dangerous, the law does not distinguish between different types of felonies.
As a result, a conviction for a felony level DWI will result in the defendant losing his or her right to own and carry firearms.
A person who enjoys hunting but faces a conviction for felony DWI should speak with his or her lawyer regarding this situation.
In some cases, it is possible to obtain a document called a Certificate of Relief from Disabilities from the sentencing court which states that the defendant should still be allowed to possess and use firearms for the purpose of hunting.
If you have been arrested and are facing penalties for drinking and driving, you need a DWI lawyer who understands all the consequences.
Please feel free to call us at 585-484-7432.