Blog

What Kind of Record Do You Have with a DWI in NJ?

Wondering Where a DUI will Appear if You Get Convicted in New Jersey?

Driving while intoxicated (DWI) or driving under the influence (DUI) of intoxicating substances is illegal in New Jersey. You can go to jail, pay heavy fines, and lose your license, among other costly and embarrassing penalties. However, a DWI or DUI is not a criminal offense. Despite the severe penalties, these offenses are quasi-criminal because they are traffic offenses that can land you in jail but do not appear on your criminal record.

Distinction Between Criminal Records and Driving Records

A criminal record refers to your history of convictions for indictable crimes, disorderly persons, and petty disorderly persons offenses, plus arrests, pending charges, and other records associated with arrests and convictions, such as probation and parole violations.

In contrast, a DWI or DUI conviction appears on your Motor Vehicle Commission driving record containing traffic violations. The Motor Vehicle Commission is responsible for each person’s NJ Driver History Abstract, where a DWI or DUI appears. Thus, a DWI conviction will not lead to a criminal record in New Jersey. As a traffic offense, it will not show up on a criminal background check.

Does a DWI on Your Driving Record Ever Go Away?

While you do not have to reveal a DWI to employers inquiring about criminal convictions, you do have a permanent mark on your driving record, so a DWI conviction follows you for life. In other words, a DUI conviction, once it occurs, goes on your driver’s history abstract and does not go away.

Can You Remove a DUI Conviction from Your Driver History?

You cannot remove a DWI from your driving record. You can only expunge your record of crimes and criminal offenses when eligible. Since drunk or drugged driving is not a crime, you cannot expunge a DWI or DUI conviction from your driving record.

How can a DWI Conviction Still Impact My Prospects?

Although a DWI conviction does not appear on your criminal record, it can still impact your life when you lose potential employment, professional, financial, and educational opportunities.

• Job Prospects: You may lose your current job or miss out on employment opportunities that involve driving. If you are a professional driver looking for work, an employer may run a driving record background check and find your DWI. In all likelihood, you will be disqualified as a candidate for any job that requires driving, such as delivery, courier, outside sales, and trucking jobs.
• Loans and Financing: Employment difficulties also spill into other areas of your life. Without a job, you cannot get a loan for a car, home, or other needs. However, even with a job, a DWI can ruin your credit score after paying exorbitant fines, fees, and insurance premiums, so getting a loan may be difficult.
• Some Professional Licenses: Your professional license as a doctor, lawyer, nurse, teacher, pilot, or other professional may be affected by a DWI when the licensing board governing your profession requires you to report DWIs and DUIs. A conviction could mean disciplinary action, including losing your license. Likewise, you may lose the opportunity to become a licensed professional after a DWI. Some licensing applications ask whether you have a DWI/DUI conviction.
• Educational Advancement: You may also face educational troubles from a DWI conviction. A DWI prosecution is time-consuming and expensive and could interfere with your studies and good standing in college or university. Moreover, some colleges and universities regard student codes of conduct violations, like breaking the law, as grounds for probation or suspension. And students who rely on financial aid may find their funding terminated for current or prospective aid.
• Reputation Damage: DWI convictions are not only a financial and time burden but also a stain on your reputation. You will most likely be driving with an ignition interlock device in your car, which can be embarrassing when you blow into a breathalyzer each time you start your engine. The stain on your reputation extends to your relationships, which can suffer from the stigma and burden of a conviction. 
• Insurance Issues: Another impactful change after a DWI is the price of your insurance premiums, which are going to rise significantly, if you can get insurance coverage. Insurers see a DWI or DUI conviction and conclude you are a high-risk driver. Additionally, you are unlikely to benefit from good driver discounts or other premium reductions for many years after a conviction. The cumulative loss over time is significant. The surcharges alone can financially devastate you in the years following your DWI conviction.

Mitigate the Damage with a Solid Defense

A DWI/DUI stays on your driving record, not to mention negatively affecting your life opportunities for the foreseeable future, so you want to avoid a conviction at all costs. What’s more, the penalties for a DWI can set you back financially for a long time. Depending on the existence and timing of prior DWIs, the blood alcohol content (BAC), and the circumstances of your drunk or drugged driving (whether an injury accident occurred), you could spend a month to several months in jail and pay thousands of dollars in fines, fees, insurance surcharges, ignition interlock device rental fees, and intoxicated driver resource center costs in time and money.

For each conviction, the overall costs and potential for jail time rise. You may lose income or your job altogether. Hiring an experienced and skilled DWI/DUI defense attorney is a wise choice when you face charges. You want to raise the odds of escaping a conviction with experienced legal help.

Connect with a Lawyer and Don’t Risk the Fallout of a DWI Conviction in South Jersey

At Proetta, Oliver, & Fay, our defense lawyers are consistently fighting DWI cases in courts throughout Southern New Jersey, and we know what to investigate and exploit in the prosecutor’s case. Our legal team looks for potential problems with the prosecutor’s case against you, starting with your arrest. We explore whether the police had a legitimate reason to stop you, whether law enforcement conducted proper field sobriety tests, and whether they violated your constitutional rights during your arrest, testing procedures, or interrogation. Any violations of law or procedure can weaken the state’s case, if not lead to an outright dismissal.

During all prosecution phases, our talented DWI defense attorneys will represent your interests, including representing you at trial. Our expertise in cross-examining police on the stand and discrediting other evidence, such as BAC readings, sobriety tests, and Drug Recognition Expert testimony, can be pivotal for your defense. Your chances of beating a DWI/DUI with an attorney who has the experience and track record for defeating drunk or drugged driving charges is substantially higher than representing yourself. Talk to a DWI lawyer at our law office today at 609-850-8284 for actionable advice about your case.