Legal Question in Criminal Law in New Jersey

''dwai''

I know of someone who just started a job in June and they do a backround check and ask on your application if you ever been convicted for a felony or put in jail, blah blah blah.....

The answer to these questions were no..... On the background check came up the DWAI and personnel is approaching him he lied on his application and this is forgery. This happened 12 or 13 years ago and the rest of his background is squeaky clean.

What are his rights and what is a DWAI considered?

thank you for any help you can give?


Asked on 8/02/02, 9:31 am

2 Answers from Attorneys
John Pinho John Pinho

Re: ''dwi''

DWI is not considered a criminal conviction in New Jersey. DWI is quasi-criminal. Therefore, your answer was not dishonest. If they asked you whether you havd been convicted of a motor vehicle offense then it would be dishonest. Advise your personnel office that DWI is not a criminal conviction in New Jersey.

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Answered on 8/02/02, 12:47 pm
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: ''dwai''

Driving While Ability Impaired is not considered a "crime," i.e. it is not a misdemeanor or a felony. It is the equivalent of a traffic infraction. What is important here is the specific language in the job application.

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Answered on 8/02/02, 9:50 am


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