Legal Question in DUI Law in Colorado

DWAI & employment & background verification
I work for a large insurance company & hold a CO insurance producers license. The application & renewal ask if I have ever been convicted of committing a crime which is specifically defined on the license as; ''Crime; includes a misdemeanor, felony, or a military offense. You may exclude misdemeanor traffic offenses.'' I thought a DWAI was a misdeamor traffic offense only so I did not disclose my 1992 DWAI and nothing has ever become of this. I now have a background check asking; ''other than a minor traffic violation, have I ever been charged of ''any'' criminal offense (misdemeanor or felony)?'' Is a DWAI offense only a misdemeanor traffic offense, a misdemeanor crime, or both, in the state of CO? I am thinking of answering yes with an outline of the details as the security form request. I am somewhat worried about the apparent discrepancy in my response between the two forms but they appear to differ in language (or at least my interpretation of the language). If a DWAI is a misdemeanor crime, then do you think that I may have misrepresented myself on the CO producers license? If you could answer these two questions, I would certainly sleep better (employed or otherwise).

Asked on 9/26/05, 9:18 pm

Jim Forslund Law Office of James C. Forslund

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Re: DWAI & employment & background verification

It is a misdemeanor. It is hard to argue that is a minor traffic violation.

Answered on 9/27/05, 7:36 am

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