Can I be Disqualified from a Job because of a NJ DWI? N.J.S.A. 39:4-50

NJ DWI Convictions and Job Applications

Finding a job in today’s tight job market is hard enough already; having a DWI (driving while intoxicated) arrest, N.J.S.A. 39:4-50, can make your job search just that much more difficult. If you’re already employed, a DWI conviction could push your career path back down the totem pole or even result in termination. Many employers are indeed reluctant to hire applicants who have DWI arrests or convictions on their records, regardless of their resume. So what can you do if you’ve been convicted of a DWI?

DWI and Employment Factors

Some employers do background checks, some do not. The costs of a DWI could extend beyond fees and points on your driver’s license. Looking at your current as well as future employment opportunities, the consequences of having a DWI conviction on your record will depend on what type of job you have or are seeking, as well as if any additional charges accompany your DWI. For example, although a DWI conviction itself isn’t enough to disqualify you from school employment, if you are facing additional DWI-related charges, you may be at risk of losing your school job or being prevented from obtaining the job you want.

Whether this is your first, second or third offense, for violation of N.J.S.A. 39:4-50, an experienced DWI attorney may be able to help reduce the severity of the penalties.

Most Common Job Types Affected By DWI Convictions

• Jobs requiring a background check, such as law enforcement or government
• Jobs requiring a (CDL) Commercial Driver’s License
• People that work with children, elderly or disabled
• Medical professionals

A DWI or DUI does not automatically disqualify you for employment in these categories. In fact, Title VII of the Civil Rights Act of 1964 forbids employers from refusing employment simply because of a criminal record, without a valid business reason. Talking with an experienced NJ DWI attorney is the best way to protect yourself if you are looking for a career in any of these areas.

Reduce DWI Sentencing with Post Conviction Relief

It is a general misconception that a DWI conviction will haunt you for the rest of your life. While you cannot expunge a DWI or have it removed from your permanent record, the penalties of a DWI conviction may be lessened based on your particular case and circumstances. Each individual case is different based on the facts, so it is important to speak with an experienced NJ DWI lawyer about your options.

If you or a loved one has been convicted of a DWI, you have the right to apply for what is known as post-conviction relief (PCR). In a request for PCR, a person may either request that a prior DWI guilty plea be reversed or that it not be used against him or her when sentencing for a current DWI charge to heighten sentencing if found guilty. If you have been previously convicted of DWI, this could lessen the potential jail time you could face for your current charge by effectively having one less conviction for sentencing purposes, if your post-conviction relief is granted by the prior court.

DWI Traffic Violations

DWI traffic violations can happen on any New Jersey road (at any time) and carry immediate penalties such as fees and license suspension as well as future repercussions such as being disqualified for a future job. New Jersey law states that a DWI is a traffic offense, not an indictable crime or disorderly persons offense. If a driver is convicted, then the conviction appears on their driving record. DWI charges are governed by the Motor Vehicle Code, Title 39. This is the set of statutes that regulate all New Jersey traffic offenses such as DWI: 39:4-50. Although driving while intoxicated is a serious traffic violation it is not considered a criminal act.

Needing Legal Representation

If you or a loved one has been charged in violation of driving while intoxicated, contact the lawyers of Villani & DeLuca, P.C. to protect your rights as soon as possible. The attorneys at Villani & DeLuca can be reached 24 hours a day, 7 days a week at 888-389-9533. Call today for a free consultation.

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