Legal Question in DUI Law in Virginia

On an employment application it specifically asks"

"Have you ever been charged or convicted of any Felony or Civil Offense?"

If you have a 1st offense DUI would answering "No" be truthful or is the DUI considered a Civil Offense?

Asked on 7/06/14, 1:01 pm

1 Answer from Attorneys

Sean Hanover Hanover Law

A DUI is not a civil offense; it is also not a felony. Interestingly, failure to provide a breath sample in VA can be considered a civil offense on the first conviction. However, in DC, it is never a conviction at all.

It is interesting that the application asks for all civil offenses, but not misdemeanor. The term "civil offense" is a strange bird that can cover a lot of territory. Generally, it refers to a prosecution by the State that does not include any jail time, and is usually related to ancillary proceedings in a main trial (such as refusal to blow, or forfeiture proceedings).

Odds are very few people will ever run afoul of civil convictions. But, you would probably have grounds to challenge this provision of an employment application. Would be an interesting case.

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Answered on 7/06/14, 1:20 pm

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