Most states in the United States have extremely tough laws against driving while intoxicated (DUI), and the penalties can be severe, even for first-time offenders, including license suspension, hefty fines, and a criminal conviction that will remain on your record for years. Anyone convicted of a second offense may face a lengthy license suspension or perhaps a prison sentence if an injury or death occurred as a result of driving under the influence.
The Effects Of A DUI Conviction On Job Applications
While many organizations do not have a specific policy against hiring someone with a DUI conviction, when they receive job applications and an applicant has a DUI history, his or her application may be pushed to the bottom or further down the pile. It truly relies on the other contenders’ qualifications and the length of time since the conviction. When applying for a job in the private sector, you are normally not required to declare an erased conviction. However, the conviction remains a strike or ‘previous’ crime in the case of a subsequent offense and must not be disguised on any application for professional or government employment and license, security clearance, or bonding. Employers and licensing agencies can then determine if you are prohibited from employment, licensing, or employment as a result of your conviction.
There is no law prohibiting businesses from hiring anyone with a prior drunk driving conviction. However, many businesses are hesitant to recruit these individuals since their conviction may be indicative of alcoholism. This could imply that the individual may arrive late for work, miss days of work, or even arrive intoxicated.
Employers are prohibited by the 1964 Civil Rights Act from discriminating against applicants or employees who have a criminal record unless there is a legitimate business basis for doing so. However, the majority of states routinely disregard this federal legislation, which is exclusively applicable to government employees.
In a few places, convicted felons may apply for and obtain a certificate of rehabilitation. Certain employers will disregard a conviction if you provide a certificate of rehabilitation.
Many firms will question you on the application form if you have ever been convicted of a crime. There is no need to respond affirmatively if your DWI charge did not result in a conviction; but, if you were convicted, it is advisable to be truthful because you are more likely to lose your job if it is discovered that you lied. Employers may need a background check, which will show your criminal history regardless of whether you disclosed it on the application. Certain positions require a security clearance, and those with a criminal background may be ineligible.
Depending on the state, you may be able to lawfully erase your records after a specified number of years following a conviction, at which point your offense will not appear on a background check. The specific requirements for expungement eligibility vary by state.
The Consequences Of A DUI Conviction If You Are Currently Employed
If you are already employed, the impact is determined by the seriousness of the conviction and the nature of the work. Any conviction that results in a lengthy period of time spent in jail, as would be the case for a second or third offense, will almost certainly result in you losing your work. On the other hand, if your first transgression results in a fine and other minor punishments that have little effect on how you perform your job, you may find that your employer is more tolerant. Certain businesses have a stricter stance on DUI convictions and may impose additional requirements such as probation or terminate your employment.
Professionals in Health Care
If you work as a nurse, even a single DUI can have a significant impact on your license. This may include probation with conditions, which frequently include abstinence from alcohol and drug usage. Random body fluid testing is possible, and attendance at Alcoholics Anonymous meetings is mandatory if you intend to continue in your employment. A single felony drunk driving arrest, or multiple misdemeanors, may jeopardize a physician’s license, resulting in some type of sanctions. Additionally, DUIs may impair a healthcare professional’s ability to practice as a Medicare or MediCal-approved provider.
Industries of Insurance and Real Estate
The relevant government department has penalized individuals who work in the insurance and real estate industries for a DUI on the grounds that their judgment may be impaired. As a result, licenses have frequently been revoked, effectively barring the perpetrator from working in a certain job.
Currently employed as a driver
Anyone convicted of a DUI who works as a driver will be unable to conceal the occurrence, as the DMV frequently provides employers updated information regarding driver records. If a driver’s conviction is discovered, firing is a distinct possibility. Having a potentially dangerous driver on the road is one thing; however, the employer’s insurer would be hesitant to insure a motorist with a history of drunk driving. However, some firms impose a waiting period of five years, after which you may be offered a driving employment if you have avoided difficulty.
At-will employment becomes critical in these instances because it enables the employer to terminate an employee under the circumstances that may develop following an employee’s arrest for drunk driving. Federal statutes protect certain job candidates from discrimination based on prior convictions. Once an employee is hired, the employer has the right to terminate the employee for a subsequent arrest or conviction. Employees employed under an employment contract may also be fired if the job requires the employee to avoid arrest and conviction for a crime.
Receiving a DUI charge is something that you should take seriously; find a DUI attorney near you to help you get the best outcome of your case.