Legal Question in DUI Law in California

This question appears on many applications for employment and im not sure how to answer it ...

"Have you been convicted of, or pleaded no contest to a traffic violation of any kind within the last FIVE year?"

The only car involved incident ive been involved in within the last 5 years is a DUI.

So my question is whether or not a DUI is a "traffic violation"?

would extremely appreciate an answer to this.

thank you

Asked on 11/07/11, 2:06 pm

4 Answers from Attorneys

Joshua Hale Hale Law Group


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Answered on 11/07/11, 2:13 pm
Lonnie McDowell McDowell Forster Attorneys

The short answer is yes. DUI is a violation of the California Vehicle Code. However, on most applications they also ask if you have ever been convicted of a misdemeanor or felony. If the appplication in question asks for either/both misdemeanor or felony, that is where you would answer yes and provide an explaination if requested.

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Answered on 11/07/11, 2:47 pm
Joe Dane Law Office of Joe Dane

A DUI is listed in Vehicle Code section 23152(a) or (b), so yes, it's a traffic violation.

I've seen similar questions on applications before - make sure you are reading it correctly. Often, employers will ask about convictions for misdemeanors or felonies (your DUI is a misdemeanor), but will exclude "minor traffic matters."

If you can wait before submitting that application, you may want to look into getting your conviction dismissed (some call it an expungement, but it doesn't really erase it from your record) so that you don't have to disclose it by law.

There are some limitations and other issues surrounding a dismissal, but it may help you on the path to getting the job you're applying for. A local criminal defense attorney in the county where your DUI conviction was can assist.

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Answered on 11/07/11, 3:04 pm
Terry A. Nelson Nelson & Lawless

Of course it is, and one of the most serious of 'traffic' violations.

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Answered on 11/08/11, 10:06 am

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