If I’m about to take a plea bargain where my DUI will be reduced to a DWAI, will this show up in a background check?

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If I’m about to take a plea bargain where my DUI will be reduced to a DWAI, will this show up in a background check?

I am 23, plan on going back to school, which means applying for loans and jobs. Is this my best option or will a DWAI still affect me when I want to apply for student loans or come up on a background check? I blew a .08 and no one was harmed nor was the car damaged. I was just pulled over on my way home after a concert.

Asked on December 3, 2014 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The primary difference between the charge of DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired) is that DWI is a criminal misdemeanor and while DWAI is a traffic infraction so it does not appear on a criminal background check but it will show on a NYS DMV abstract for 10 years as long as there are no other alcohol related convictions. So if a complete background check is done then it will be there.  I would strongly uggest that you speak with an attorney in your area about this, just to be sure.  Good luck.


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