Dwai is not a crime?

Asked almost 2 years ago - New York, NY

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.

Attorney answers (8)

  1. 7

    Lawyers agree

    Answered . Correct. DWAI is a non-criminal violation.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. 5

    Lawyers agree

    Answered . Driving WHile Ability Impaired is not a crime.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. 3

    Lawyers agree

    Answered . In New York driving while ability impaired VTL 1192.1 is a traffic infraction and not a crime.

    Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all... more
  4. 3

    Lawyers agree

    Answered . Your lawyer should be answering these questions for you. If you don't have a lawyer retain one. If you want to represent yourself you are making a mistake and should not be looking for advice online, even if from qualified lawyers.

  5. 3

    Lawyers agree

    Answered . IF the DWAI is not DWAI Drugs or DWAI combination alcohol and drugs, then it is not a misdemeanor but a traffic violation.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  6. 3

    Lawyers agree

    Answered . DWAI is not a crime.

  7. Answered . Dwai is not a crime. If your case is still pending please feel free to contact me for a free consultation 914-490-5896

  8. Answered . 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

    This answer does not in any way create or establish an attorney-client relationship and is intended solely to be... more
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