Will It Give You a Criminal Record? Can It Be Found on a Background Check?
The potential consequences of a conviction for drunk driving in New Jersey are significant. In addition to fines and potential jail time, you can lose your driving privileges, and the conviction may negatively affect certain professional licenses. Will the DUI/DWI become part of a permanent record that potential employers and others can see? Will you have to live with the specter of the conviction hanging around for the rest of your life?
DUI/DWI Is Not a Crime in New Jersey
Though most states identify driving under the influence or driving while impaired to be either a misdemeanor or a felony, New Jersey considers it a traffic offense. As such, a DUI/DWI is not part of any criminal record. Furthermore, because it’s not considered a crime, it won’t be available to anyone who conducts a background check on you. New Jersey does not report DUIs to the National Crime Information Center (NCIC), the national clearinghouse where background investigations are conducted.
Of course, because it’s technically not a crime, a DUI/DWI cannot be expunged. Furthermore, while an employer may not find it on a background check, an employer may ask you, either orally or in writing, if you’ve ever been convicted of DWI/DUI.
DUI/DWI Will Appear on Your Driving Record
The New Jersey Motor Vehicle Commission (NJMVC) keeps a record for every licensed driver in the state, assigning a specific number of points for certain infractions. Though no points are added to your driving record for a DUI/DWI conviction, it will remain on your record for the rest of your life.
Having a drunk driving conviction on your driving record can lead to significant increases in your insurance premiums. Repeat DUI/DWI offenses on your driving record can also lead to suspension of your license.
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we provide comprehensive counsel to anyone who has been stopped for or charged with driving while intoxicated or under the influence. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
Named a New Jersey Super Lawyer Every Year 2010—2024
