Legal Question in DUI Law in New York

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.


Asked on 1/25/08, 8:34 am

3 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Dwai first offense

A violation is not a crime.

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Answered on 1/25/08, 8:37 am
Jonathan Nelson The Law Offices of Jonathan B. Nelson, PC

Re: Dwai first offense

Although you are correct that Driving While Ability Impaired is a violation, it nonetheless goes down on your criminal record.

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Answered on 1/25/08, 10:13 am
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

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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Answered on 1/25/08, 1:16 pm


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