Your fact pattern is a bit unclear. From what what you have written, it appears that you were charged two years ago with a misdemeanor charge of driving while intoxicated (DWI) (we don't use the term DUI in NY) and had an attorney obtain a plea offer which you accepted to a reduced charge of Driving While Ability Impaired (DWAI) which is a traffic infraction and not a crime.
If this is what occurred, then, assuming that you have no prior criminal record, you can truthfully answer "NO" when asked if you have been convicted of a crime. However, your conviction for DWAI even though it is not a crime, will always stay on your driving record and will not be removed. If you are arrested at some future date no matter how many years in the future, this conviction will appear and will be known to the prosecutor.
Please make sure that you have paid the Driver Responsibility Assessment of $250 per year for each of the three years following your conviction for DWAI. If not, you will find that your license has been suspended and you can be arrested and charged with a crime
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.
I assume this was reduced to a DWAI. If so, the court where you were charged and pled guilty will have a record of this. You can get one (for a nominal fee). It is called a Certificate of Disposition. Take that to DMV and get a copy of your Driver's Abstract (also costs a few dollars). It is possible the court reported your conviction incorrectly. it is also possible that DMV recorded incorrectly.
In any event, speak to your attorney, and ask him or her to assist you in straightening this out. Please believe me, this is not uncommon. Also your attorney may ask you for a fee to perform this service on your behalf. It is not part of what he or she was retained to do for you, and you have a good result thanks to your attorney. So pay them what they ask and follow their advice.
Christopher I. Simser, Sr.
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202
Get a copy of the certificate of disposition from the criminal court and bring it into an attorney to review. There may be a mistake that needs to be corrected.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
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