Is a DWI considered a crime or offense in the state of NJ

Asked 8/28/2009 under DUI / DWI | 1769 View(s) | More Legal Topics

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DUI / DWI Law Answers

James Fennessy / Answered 2 years ago | Contributor with 0 answers This attorney is licensed in New Jersey

Unlike NY and many other states, DWI is merely a traffic offense in New Jersey.  (That is why DWI defendants in New Jersey have no right to a jury trial).  It is a serious traffic offense that can result in 10 year loss of license and 180 days jail for a third offense, but it is still a traffic offense rather than a criminal offense in NJ.  The NJ DWI statute is NJS 39:4-50, and title 39 is all traffic offenses. 

A NJ DWI will not show up in a criminal history check, but it will show up i a driving history check from the motor vehicle commission.

DWI is not considered to be either a misdemeanor or felony; it is a motor vehicle offense.  However, a conviction can still result in not only fines and other penalties but jail time as well.

If you want to know whether or not that this will show up on a criminal background check, it may or it may not.  The DWI should not show up on a "criminal background check"; it will however, show up on your motor vehicle history.  

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