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Is a DUI considered a criminal offense or a traffic violation?
Anonymous6 views5 answers
I received a DUI in the state of West Virginia (only received a $100.00 fine), but live in Texas. I am applying for new jobs and the applications say not to "include any traffic violations for which a fine of $150.00 or less was imposed." Do I have to disclose the DUI?
In short, it's complicated. "Traffic violation" is not an official, legal category. The job applications are most likely trying to ask if you have anything other than Class C citations related to driving. But you don't have to assume this. You should check to see if the DUI is on your record and if so, consult with a West Virginia attorney to see if it is eligible under West Virginia law for an expungement or non-disclosure.
There is a lot to consider here, including whether the records are sealed or expunged. You can go back and see how the ticket was classified in your particular situations, since it sounds like it has been disposed of at this point.
I would change your question to a West Virginia criminal lawyer. DUI in Texas means underage driving with a trace of alcohol. DUI in WV may mean something else
In order to ascertain the classification of a crime, be it drunk driving or any other crime. one must look to the law of the jurisdiction in question, as well as to the actual record of conviction in a given case. The law of the jurisdiction will determine the classification of the crime. However, during the prosecution of offenses, it is not unusual for the charged offense to be different from the offense for which a person is convicted. Best to retain counsel to review your particular situation and advise you.
