Driving While Ability Impaired By Alcohol (DWAI) - Help!?!

[IntelInside]

I was just convicted of a DWAI (legally not drunk). It is my first offense and did not go to jail. Here are the details of it according to NY state law:

Driving While Ability Impaired By Alcohol (DWAI)- VTL § 1192.1:

You can be found guilty of DWAI if you operate a motor vehicle while your ability to operate it is impaired by the consumption of alcohol. Please call me at 1-888-DWI-ATTY if you have been charged with violating VTL § 1192.1 or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.

2. Penalties for Driving While Ability Impaired By Alcohol [ .05 to .07 Blood Alcohol Content]*:
Conviction Class Minimum Fine Maximum Fine Jail License
1st Traffic Infraction $300.00 $500.00 Up to 15 days 90 Day Suspension

My question is that since it is a traffic infraction, and not a misdemeanor, will it show up in the background checks because they only look for misdemenors and felonies? Also this is going to be thrown out in 1 year if I dont receive other tickets.

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[samuraiR]

whaat? i've never heard of this? I thought it was DUI or nothing? .05 to .07...wow😕

 

[BlueElmo]

They have all kinds of euphemisms now.

 

[SoundofSilver]

If it's not a misdemeanor then don't worry about it.

 

[jerew]

http://ezinearticles.com/?New-York-DUI-Facts&id=87060

Bottom of page. First offense is a traffic violation, not a crime. Should not show up on the background check.

 

[J ROD]

🙁

 

[IntelInside]

whaat? i've never heard of this? I thought it was DUI or nothing? .05 to .07...wow😕

Lol me too! I didnt even know this law existed...my parents either. I cant believe i spent the day and night in central bookings with all the hardcore criminals. It was horrible!!!!!!!!!!

 

[flip26]

I wouldn't be so sure that this won't show up on a background check, regardless the misdemeanor label...your best bet would be to run a CBC on yourself and see what pops up.

 

[J ROD]

I wouldn't be so sure that this won't show up on a background check, regardless the misdemeanor label...your best bet would be to run a CBC on yourself and see what pops up.

Good idea!

 

[IntelInside]

I wouldn't be so sure that this won't show up on a background check, regardless the misdemeanor label...your best bet would be to run a CBC on yourself and see what pops up.

its not a misdemeanor label its a traffic violation...but yea good idea. I dont believe (hope) it will come up

 

[JaggerPlate]

Technically it 'shouldn't' show up on a background check, but if you sat in a jail cell and had your mugshot taken/fingerprinted ... I have to think something might pop up.

 

[Dantheman1828]

I have two disorderly conduct infractions. Last summer when I was applying I paid for the background check on myself from the company that does them for medical schools. They both showed up on that. Since I was accepted they just sent me the background check that they are sending to medical schools, and it was absolutely clean. I guess since they only check for misdemeanors and felonies it doesnt show up so you should be fine

 

[CaptainSSO]

......

 

[TDX]

What's the deal if you've been arrested for a misdemeanor but were not convicted?

If they openly use it against you, it should make for an interesting court case.

 

[marty mcfly]

Technically it 'shouldn't' show up on a background check, but if you sat in a jail cell and had your mugshot taken/fingerprinted ... I have to think something might pop up.

That statement is not based on any truth. Dont worry about this one. I am not 100% familiar with NY law, but anything that is not a misd/felony is nothing to report.