Herald Series

DWI, an unforgivable crime?

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Each year, drunken drivers cause deadly accidents and claim innocent lives. Their stories often become local and sometimes national lore, cautioning others about the potentially deadly consequences of a crime that some see as socially acceptable.

But there is another type of loss that goes with drinking and driving, I recently learned. One that may be considered insensitive or politically incorrect to discuss. Three defense attorneys I interviewed saw the possible loss of one's reputation and even future employment as an unfair fate that befalls many of their clients.

I contacted the lawyers after the Nassau County Police Department and the district attorney's office gave me a firsthand look at what a DWI arrest entails. Police simulated my arrest for DWI, including everything from handcuffing me to locking me up. Later, the district attorney's office brought me to District Court, where I took a tour of holding cells, courtrooms and assistant district attorneys' offices.

I wrote about the experience for Herald readers. But as I spoke with defense lawyers, expecting to hear mainly about the financial burden of a DWI conviction, I learned that some of the most serious consequences for the convicted are harder to quantify.

The criminalization conflict

"Nobody denies that drunk driving is a bad thing," defense attorney and former Nassau County Assistant District Attorney Kevin Kearon told me. "But the reality is, people drink. Most people drink socially, most people drink responsibly, but even responsible drinkers have a one-time lapse in judgment. And I don't accept that a one-time lapse in judgment turns a good person into a criminal."

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