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Moving to another state where DUI is an infraction not a misdemeanor

Arlington, VA |

I was convicted of a DUI about 3 years ago in VA, but I'm thinking about moving to New Jersey where a DUI is only a traffic infraction not a misdemeanor. If I'm allowed to obtain a NJ drivers license how will the DUI show up on my driving record as an infraction or as a misdemeanor ?

Attorney Answers 4


FWIW, NJ doesn't deal with felonies and misdemeanors--they have criminal and non-criminal categories. DUI is non criminal (so my NJ attorney friends tell me) and their DUI stays on a drivers record forever.

Penalities for DUI in NJ are just as hard as elswhere in the country

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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It will show up as a DUI on your record.

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2 lawyers agree


Yes it will show up.

This is not intended as legal advice. No attorney / client relationship exists because of this response.

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1 lawyer agrees


It will show up as a DUI.

NJ will not grant you a license until you have had your VA license restored, assuming that is your "home" state.

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