Can My Job Find Out I Was Arrested for a DUI?

Getting arrested for a DUI is a nightmare, and dealing with the aftermath can feel like an impossible challenge. You’re likely worried about a lot of things – jail time, fines, your driver’s license. But for many people, the biggest fear is how it will impact their job.

Will your employer find out? Could you get fired?

The short answer is it depends. While in most cases, you’re not required to proactively inform your employer, there are situations where they could find out anyway. And if they do, it could potentially impact your employment.

Are You Required to Tell Your Employer About a DUI Arrest?

In general, you don’t have a legal obligation to tell your employer if you’ve been arrested for a DUI. Your arrest is a personal matter and not something you have to share. However, there are a few exceptions to keep in mind.

Employment Contracts

It’s a good idea to review your employment contract or employee handbook. Some employers include a clause that requires you to disclose any arrests or convictions. If you have this type of contract and fail to report the DUI, you could face disciplinary action or even termination.

Professional Licenses

For those in professions that require a license, such as doctors, nurses, lawyers, teachers, or pilots, you may have a duty to report any arrests to your licensing board. Failing to do so could put your license and ability to practice at risk.

Jobs Requiring Driving

If your job involves driving a company vehicle or if driving is a primary part of your job duties, a DUI arrest could have more immediate consequences. Your employer may have a policy that requires you to report any arrests or license suspensions. And if your license does get suspended, you obviously won’t be able to perform your normal duties.

This is especially important if you have a commercial driver’s license (CDL). CDL holders are held to a higher standard and face stricter reporting requirements and penalties for DUI.

How Can a DUI Arrest Show Up on a Background Check?

Even if you’re not convicted, a DUI arrest will show up on your criminal record. And that record can be accessed by potential employers running a background check.

Public Records

Arrest records are public information. That means anyone who knows where to look can find out about your arrest, including employers. However, some states have laws limiting how this information can be used in hiring decisions.

Background Check Services

Many employers hire third-party companies to conduct background checks on potential hires. These services typically include a search of criminal records and will report any arrests they find. So even if an employer doesn’t go looking for the information themselves, they could still find out through a standard hiring process.

Can You Get Fired for a DUI Arrest or Conviction?

The unfortunate reality is that you can be fired for a DUI arrest or conviction in most cases. That’s because most employment in the U.S. is considered “at will.” This means an employer can terminate you for almost any reason, or no reason at all, as long as it’s not illegal discrimination.

Company Policies

Some employers have zero-tolerance policies when it comes to criminal charges. They may view a DUI as a liability and grounds for immediate termination. It’s important to know your company’s stance.

Job Performance Impact

Even if your employer doesn’t have a strict policy, a DUI could still cost you your job if it affects your ability to do your work. For example, if you need to drive for your job but your license is suspended, you may not be able to fulfill your duties. Or if you have to miss a lot of work for court dates and meetings with your lawyer, your employer may decide to let you go.

Having a DUI attorney in your corner can make a big difference. We can help you fight the charges and work to minimize the consequences on your life and livelihood. In some cases, we may be able to help you avoid a conviction altogether.

How Can a DUI Affect Future Job Prospects?

Beyond your current employment, a DUI on your record can also impact your future job prospects. Many employers conduct criminal background checks as part of the hiring process.

Background Checks

A DUI arrest or conviction that shows up on a background check could make an employer think twice about hiring you, especially if the job involves driving or operating machinery. They may view it as a red flag about your decision-making and reliability.

Driving Jobs

If you’re applying for a job that requires driving, like a delivery driver, bus driver, or sales representative, a DUI on your record will likely make it very difficult to get hired. Employers have to consider the liability risk of putting someone with a DUI behind the wheel.

In some cases, it may be possible to have a DUI expunged from your record after a certain amount of time. This can improve your chances of passing a background check for employment. However, the rules for expungement vary by state, and not everyone will be eligible.

What Should You Do If Arrested for a DUI?

If you find yourself arrested for a DUI, the most important thing you can do is contact an experienced DUI lawyer as soon as possible. An attorney can review your specific situation, including your employment contract and job requirements, to determine if and when you need to notify your employer about the arrest.

Our DUI lawyer will also evaluate your case and build the strongest possible defense. They may be able to find weaknesses in the evidence against you or negotiate with prosecutors for reduced charges. The goal is to minimize the consequences and protect your record as much as possible.

Arrested for a DUI? Contact Okoye Law Today

Getting arrested for a DUI doesn’t have to derail your career. How it will impact your current and future employment depends on a variety of factors, from your job duties to your state’s laws to your employer’s specific policies.

If you’re facing a DUI charge, the best thing you can do is arm yourself with information and a strong legal defense. At Okoye Law, we have extensive experience handling DUI cases and protecting our clients’ livelihoods. We understand what’s at stake, and we’re here to guide you through this challenging time.

Don’t let a DUI arrest put your job at risk. Contact us today for a consultation.