Is criminal record for DWAI - law 1192(1)
MY BAC 0.1. I appeared court and I pled bargain to DWAI. JUDGE agreed and I was given following penalities.
1)alchocol evaluation test
2)Fine 500$ (+80$ court surcharge)
3)attend victim Impact proram.
4) 90 days suspension licence
I completed alchocol evaluation and there was no treatment needed.
Completed Victim Impact proram
Paid fine also. I submitted all to court on the first apperance itself.
Now my doubts are
1) Is DWAI convction is a criminal record?
1) will my case be automatically closed or Do I need to do anything hereafter)?
2) will it show in criminal record history?
3) Do i need to visit court again for closing my case file?
4) Do I need to collect any documents from court regarding this?
could you please give your valuabe answers for my above doubts?
1 Answer from Attorneys
Re: Is criminal record for DWAI - law 1192(1)
Your conviction is for a violation of the NYS Vehicle and Traffic law. It is the equivalent of a speeding ticket. It will be noted on your DMV abstract that you were convicted for Driving While Ability Impared (Alcohol) and that it was a violation. You could seek to ask the court to seal it's own file so no one would know the results of any test or be able to see the original allegations. Unlike a Penal Law violation, police and District attorney files are not automatically closed although some jurisdictions do it anyway. FBI fingerprint cards are also not returned which means you will have to bring a federal action to close them.
As for your criminal history, you may answer the question have you ever been convicted for a crime NO a violation is not a crime. In fact a DWAI (Alcohol) is a traffic violation.
I hope this answered your questions.
Good luck.
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