One of the biggest questions that people ask when they receive a DUI charge is, “Can you get fired for a DUI?” The majority of job applicants understand that they have to be 100 percent honest when they complete a job application. If the application asks if they have received a conviction for a crime in the past five years, for example, they have to be honest when they provide their answers. The same applies if the application asks if they have been convicted in the past seven years, 10 years or ever. Not everyone knows what happens if the person already has the job, however. The following material explains the impact that a DUI or DWI charge can have on you if you are wondering what happens if you already have a job.
The Concept of a DUI
The truth is that a charge of DUI is a severe charge that may affect your job. The police are accusing you of acting irresponsibly in more than one way. First, they are saying that you have ingested an unreasonable amount of alcohol, which is irresponsible in and of itself. Secondly, they are accusing you of making the irresponsible decision to operate a vehicle without a regard for the safety of others. Your employer may view you as a company liability if you face a charge like that.
Penalties and Consequences of a DUI
A DUI in any state has severe life-changing consequences. A fine and possible jail time are only part of the penalties that you may have to pay. Your insurance rates could skyrocket. You could lose your driving privileges for a significant amount of time. Additionally, you could end up losing your job after a DUI. You may not end up getting fired after a DUI. The outcome depends on several factors such as your job position, the stipulations that the employers put in the initial agreement when they hired you, and the system that they have set up for such matters.
DUI and Driving Positions
Driving positions are the ones that you run the highest risk of losing if you receive a DUI charge. The governing authorities expect more of you if you hold a CDL license than they do if you hold a regular license. Therefore, the threshold for a DUI accusation is lower for a CDL holder, and the consequences are higher. You can definitely lose your trucking job or delivery position as a result of getting convicted of a DUI or DWI offense. CDL employers almost always take extra care when they hire people, meaning that they usually run extensive background checks as well as conduct drug tests and other testing. They do this to make sure that they do not have extensive liabilities. When one of the drivers receives a charge for a DUI, it is a serious matter.
DUI and Regular Job Positions
If you have a regular job, you may not lose your job because of a DUI. However, your employer may still be entitled to fire you. You can get an idea of the rights that you have by reviewing your hiring paperwork. That is why it is extremely important for each person to read through all the hiring paperwork to view the type of employment that he or she has assumed and the stipulations that the employer has about activities that are outside of work.
An at-will employer can terminate an employee for any reason, as long as that reason does not violate that person as a member of a protected class of citizens. You will not have a legal leg to stand on if such an establishment fires you because of a new DUI charge. The paperwork from at-will employers usually states all of this, and new employees must sign it before they assume work at a job.
Mandatory New Charge Disclosure
Some employers actually draw up contracts that state all of the conditions of employment. Even the ones that don’t create contracts usually express their stance on criminal charges that occur during the course of employment. Such employers may openly state in the contract that their employees must report to them any new impending charges that they have for any criminal activity. They may also reserve the right to terminate the employees at their discretion. Therefore, you could lose your job if you fail to disclose the new charge, and you could lose it if you get a conviction. Some employers may wait until your case goes through the court system and decide to keep you if you do not receive a conviction.
Random Background Checks
Some employers conduct periodic drug tests as well as periodic background checks. They may find that you have an impending charge and question you about it if you do not disclose the information. These employers do state their intent in the beginning before the employment relationship begins. The only thing you can do at that point is try to hire a DUI lawyer who can help you fight the case. Unfortunately, that still doesn’t mean that you will get to keep the job that you lost.
Can You Get Fired for a DUI?
The honest answer to the question of whether you can get fired for a DUI charge is yes. You can absolutely lose your job if you get a DUI or DWI charge. You can lose your job whether you get convicted or not. That is the hard reality of it. However, a DUI lawyer can assist you when it comes to defending the charge. This person may be able to provide you with some paperwork that can help you defend yourself to the employer, as well.
What to Do if You Receive a DUI Charge
Do not admit guilt of any kind. Contact a DUI attorney the moment you receive a citation for an offense. A DUI lawyer will act as your advocate in the case. All you need to do is let him or her know that you need a good defense and make time to visit him or her with the facts.
How a DUI Lawyer Can Help You
A DUI lawyer is an advocate who can help you in many ways. First, the DUI lawyer is the person who examines the events leading up to the charge occurrence and then tries to find evidence to support a request for a dismissal. Two common reasons for a DUI case dismissal are improper procedure enactment and failure to read an accused person his or her rights. Those are technicalities that your DUI lawyer will try to bring to light in the very beginning of the case.
If that fails, then the DUI lawyer will continue to fight for you by forcing the other side to prove your guilt. The arresting officer must be able to provide three things: you were the one driving the vehicle, you were operating the vehicle under the influence of alcohol, and you were doing so with an unreasonable blood alcohol level. If the prosecuting side cannot prove all of those things, then you may very well have a chance to clear your name of the crime. You can increase the chances of getting a release if you hire a reputable attorney with a lot of positive reviews and testimonials.
Contact a DUI Lawyer Today
If you are a struggling with a DUI charge, and you think that you may get fired after a DUI, you can contact a DUI lawyer who can assist you. A DUI attorney will set you up for a consultation. Your best option is to gather all of the facts and evidence that you can can, go talk to the DUI lawyer, and allow that person to help you develop a defense strategy. You may be able to put a deposit down on the representation and make installment payments. You must take steps to protect yourself today, however. Call a participating provider immediately.