Moving Violations, Whether They're Crimes, and Where a DUI Fits
A moving traffic violation is a traffic offense committed while the vehicle is in motion such as speeding or running a red light and most of these are infractions, not crimes. But not all traffic offenses are the same. Some are minor infractions punishable only by a fine, while others are criminal offenses that carry jail time and a criminal record. This guide answers three closely related questions: what a moving violation is, whether a traffic violation is a crime, and why a DUI is far more serious than an ordinary traffic ticket. This is general legal information, not legal advice.
What Is a Moving Traffic Violation?
A moving traffic violation is a traffic law broken while the vehicle is moving, as opposed to a non-moving violation like a parking ticket. The distinction is simple: a moving violation happens while the car is in motion, and a non-moving violation happens while it is stopped or relates to the vehicle's condition or paperwork. Common moving violations include speeding, running a red light or stop sign, illegal turns, unsafe lane changes, tailgating, and failure to yield. Common non-moving violations include parking tickets, expired registration, and equipment issues like a broken taillight. Moving violations are generally reported to the DMV and can add points to a driving record.
Is a Traffic Violation a Crime?
Most traffic violations are infractions, which are not crimes but some traffic offenses are misdemeanors or felonies, which are crimes. Traffic offenses fall into three levels:
▸ Infractions (Not Crimes) most moving violations speeding, running a red light, illegal turns are infractions. They are punishable by a fine only, carry no jail time, do not create a criminal record, and do not give the right to a jury trial or an appointed attorney. They appear on your DMV driving record, not your criminal record.
▸ Misdemeanor Traffic Offenses (Crimes) some driving offenses are misdemeanors,reckless driving (Vehicle Code § 23103), DUI (Vehicle Code § 23152), driving on a suspended license (Vehicle Code § 14601), and property-damage hit and run (Vehicle Code § 20002). These are crimes that can carry jail time and a criminal record.
▸ Felony Traffic Offenses (Serious Crimes) the most serious driving offenses , DUI causing injury, felony hit and run, and vehicular manslaughter , can be charged as felonies, carrying state prison time.
So the accurate answer is: a typical traffic ticket for a moving violation is not a crime it is an infraction but certain driving offenses are genuine crimes with lasting consequences.
Is a DUI a Traffic Violation?
No, a DUI is a criminal offense, not a mere traffic violation, and treating it like a simple traffic ticket is one of the most costly misunderstandings a driver can make. While a DUI arises from driving, it is charged under Vehicle Code § 23152 as a misdemeanor (or, in serious cases, a felony) not as an infraction. Unlike a speeding ticket, a DUI carries potential jail time, a criminal record, mandatory license suspension through a separate DMV process, DUI education programs, substantial fines, and for a first offense a ten-day deadline to request a DMV hearing to save the driving privilege. Learn more about fighting a DUI license suspension in California and the 2025 DUI law updates that may affect your case. A DUI conviction also stays on record for years and counts as a prior if there is a future DUI. In short, a DUI is a crime that happens to involve a vehicle, not a traffic violation, and it should be treated with the seriousness of any criminal charge.
What Is the Difference Between a Driving Record and a Criminal Record?
Infractions appear on your DMV driving record, while misdemeanor and felony traffic crimes appear on your criminal record. California's DMV keeps a driving record that tracks infractions and assigns points under a negligent-operator point system; accumulating too many points can lead to license suspension. A criminal record, by contrast, is created by a conviction for a crime including misdemeanor and felony driving offenses like DUI and shows up on background checks used by employers and others. This is a key reason a DUI or reckless driving charge is far more consequential than an ordinary moving violation. If you already have a conviction on your record, it may be worth exploring whether expungement is an option in California.
Frequently Asked Questions
Is speeding a crime in California?
Generally no. Ordinary speeding is an infraction in California, not a crime it is punishable by a fine and DMV points but carries no jail time and does not create a criminal record. However, extreme cases can rise to the level of reckless driving (Vehicle Code § 23103) or speed contests (Vehicle Code § 23109), which are misdemeanors and therefore crimes. So typical speeding is an infraction, but aggravated driving conduct can become a criminal offense.
Does a traffic ticket go on your criminal record?
A typical traffic ticket for an infraction (such as speeding or running a red light) does not go on your criminal record it appears on your DMV driving record and adds points. Only convictions for misdemeanor or felony driving offenses, such as DUI, reckless driving, or hit and run, create a criminal record that appears on background checks. The distinction between an infraction and a crime is what determines whether the offense affects your criminal record. See also: how a criminal record can affect your housing options.
Why is a DUI not just a traffic ticket?
A DUI is charged under Vehicle Code § 23152 as a crime a misdemeanor or, in serious cases, a felony not as an infraction like a traffic ticket. It carries potential jail time, a criminal record, a separate DMV license suspension with a ten-day deadline to request a hearing, mandatory DUI programs, and substantial fines, and it counts as a prior for any future DUI. Because the consequences are so much greater than a traffic ticket, a DUI should be treated as the criminal charge it is. DUI diversion programs may also be available in some cases and are worth discussing with an attorney.
Understanding whether a driving offense is an infraction or a crime is the key to knowing how seriously to take it and a DUI is always in the second category. This article is general information, not legal advice.
For more on DUI defense and driving offenses, visit The Bulldog Law criminal defense blog. To discuss a specific charge, you can reach The Bulldog Law at (888) 928-1609.