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Is a DUI a misdemeanor in NJ

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

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Attorney answers 6


You can say no. It is a traffic offense.

Law Offices of James A. Abate (732) 412-2364


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.

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


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


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 The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Dr. Newman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.


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