I was arrested for a DUI April 2009, my case was dismissed and never even made it to court (here in CA). While applying for my AZ nursing license they asked if I've ever been arrested for an "undesignated offense". Would this be considered an "undesignated offense"??
2 Answers from Attorneys
Since I am an AZ attorney, I cannot really address being arrested for a DUI in CA. However, in AZ, there are certain categories of offenses that can either be a felony or a misdemeanor at the conclusion of the case- those are called "undesignated offenses", and usually start out as class 6 felonies that can be dropped down to class 1 misdemeanors. In AZ, standard DUI's are usually misdemeanors, not an "undesignated offense". There are exceptions- there is classification of DUI (DUI while there is a child under 15 in the vehicle) which is a class 6 felony that can be designated a misdemeanor. Most other DUI's in AZ are either midemeanors, or felonies higher than class 6 and therefore not capable of being "undesignated". You should check with a CA attorney to determine whether the DUI you were arrested for is a misdemeanor, felony, or would be "undesignated" in that state. To be safe, you should answer the question on your application as truthfully as possible, because an omission is often seen in a negative light. You may also want to consult an employment law attorney on this issue.
I agree with most of what my colleagues said. However, I think that the answer is more simple. If the offense for which you were arrested/cited was a standard DUI then you should be ok. On the other hand the question is poorly worded and it is unlikely the average person would understand what is being asked (thus the reason you asked on here) and in fact I would bet most attorney's would be uncertain as to what it specifically is asking and how to answer. But to me, you should be ok.