Is a DUI a misdemeanor in NJ

Asked about 2 years ago - Newark, NJ

If an employment application asks if I have ever been convicted of a misdemeanor, do I have to say yes, since a DUI is considered traffic

Attorney answers (6)

  1. James Kevin Hayslett

    Pro

    Contributor Level 16

    16

    Lawyers agree

    Answered . In New Jersey unlike most states it is a traffic offense not a criminal misdemeanor.

  2. James Alexander Abate

    Pro

    Contributor Level 17

    10

    Lawyers agree

    Answered . You can say no. It is a traffic offense.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
  3. Christopher T Campbell

    Pro

    Contributor Level 12

    10

    Lawyers agree

    Answered . A DWI in NJ is not a misdemeanor or offense. It is a traffic offense.

  4. Lawrence A. Newman

    Contributor Level 10

    9

    Lawyers agree

    Answered . New Jersey language can be confusing. We have all seen Jersey Shore so we know this is true.
    Going Fishing = going out to pick up women, fist pump, GTL, you get the picture, confusing.

    Jersey Lawyers don't use the terms "misdemeanors and felonies." In Jersey legal speak there are criminal offenses based on degrees (1st to 4th). Crimes have the potential of jail for over six months and non-criminal offenses are less than six months in jail.

    The "lesser offenses" in NJ are all the NON criminal offenses: motor vehicle ie. the traffic offenses, disorderly persons offenses, and lastly municipal ordinance violations (ie. noise, dogs).

    NJ DUI is a lesser offense, so it is NON criminal.
    BUT big caveat, it will stay on your NJ driving history forever.

    New Jersey "Traffic" Laws - Title 39

    39:4-50. Driving While Intoxicated

    Lawrence (Larry) Newman, D.C., J.D. Attorney at Law Doctor of Chiropractic Licensed in NY, PA, NJ, & FL... more
  5. Charles K. Kenyon Jr.

    Contributor Level 20

    8

    Lawyers agree

    Answered . You can say no. It is not a crime, and even if it is later changed to be treated as a crime, you were not convicted of a crime.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more
  6. Mark M Cheser

    Contributor Level 20

    6

    Lawyers agree

    Answered . It is not criminal in Nj and is not placed on your CCH. It is a motor vehicle offense.

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