Dwai first offense
I was convicted of a DWAI 4 years ago as a violation since it was the first offense in NY State. Will this just go on the driving record as a violation or on a criminal record? I didn't receive any other ticket and there wasn't an accident.
3 Answers from Attorneys
Re: Dwai first offense
A violation is not a crime.
Re: Dwai first offense
Although you are correct that Driving While Ability Impaired is a violation, it nonetheless goes down on your criminal record.
Re: Dwai first offense
It is important that the correct terminology is applied when discussing this important concern.
As already advised, a conviction under VTL 1192.1 is a traffic infraction. It is not a "crime." Therefore, you do not have a criminal record as a result of that singular event---anywhere.
However, all court proceedings are recorded and unless your file was sealed pursuant to CPL 160.50, the record of your court proceeding and the infraction will remain open in the court database.
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