QUESTION
I'm now in the process of applying for a new job, and they ask if I was convicted of any felonies, do I have to let them know about my DUI charge?
Asked on Mar 19th, 2013 on DUI/DWI - California
More details to this question:
I had a DUI in California in March 2011, and I got a lawyer to help me through the process. I was not charged in court because the DA agreed not to file charges against me, however I was charged through my DMV hearing.
7 ANSWERS
You can answer the question as NO. A straight DUI is not a felony. Having it dismisses means that you were not convicted of a felony or a misdemeanor. The DMV action is not a criminal action and has no effect on your record.
Answered on Mar 21st, 2013 at 2:02 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You said you weren't charged, so you certainly couldn't have been convicted.
Answered on Mar 21st, 2013 at 2:00 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Did you have any felonies prior to the March 2011 incident? If you were not charged in court that means there never was a case against you. The DMV is not a court. It has no District Attorney. It can't charge and "convict" you of a misdemeanor not to mention a felony. It can look at the record and undertake administrative proceedings. The DMV gave you notice of what they wanted to do and offered you a hearing for you to explain/defend yourself.
Answered on Mar 21st, 2013 at 1:59 PM
Domestic Violence Attorney serving Truckee, CA
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Alison Bermant, Attorney at Law
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A DUI in California is a misdemeanor unless it is a fourth offense or you have a prior felony DUI conviction. If the DA did not file charges against you, then you were only arrested, not charged, and definitely not convicted, so you can answer no.
Answered on Mar 21st, 2013 at 1:59 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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First time dui's are misdemeanors unless there was injury to a person other than you. It sounds like you weren't even charged with a dui so the answwer is no that is not a felony.
Answered on Mar 21st, 2013 at 1:58 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you were not charged in court, you were not convicted of anything. You, therefore, can answer no to any question regarding criminal convictions. DMV does not count.
Answered on Mar 21st, 2013 at 11:10 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You do not have a DUI charge if the DA did not file.
Answered on Mar 21st, 2013 at 8:34 AM