So I asked the other day what the difference is between a dwi and dwai but just to be clear if an application asks if I have ever been convicted of a crime and I have a dwai I don't have to tell them I had one, correct? The application also states in parentheses misdemeanor or felony.
Thank you for your question. Driving While Ability Impaired (Sec. 1192(1) Vehicle and Traffic Law) is a traffic infraction and not a crime.
However please keep in mind that a DWAI charge, after having been convicted two or more times of another alcohol related driving offense (under section 1192 of the NYS Vehicle and Traffic Law) within the prior ten (10) years, is chargeable as a misdemeanor (Sec. 1193(1)(a) Vehicle and Traffic Law.)
Assuming that you do not have the requisite prior convictions to elevate this charge, then DWAI is not a misdemeanor (crime.)
Good luck and thanks again for your question.
Brian Berkowitz is a DWI and Criminal Defense Attorney located in Rockland County, New York. www.Berklaw.com
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