Reporting an arrested for DUI and/or being convicted of DUI to your employer or perspective employer, and the consequences that can stem from an arrest or conviction, can vary based on your profession and the requirements of your employer. The information below is not meant to be exhaustive but is intended to give guidance if you find yourself in this predicament.
First you may be wondering, “Do have I have to report a DUI arrest or conviction to my current employer?” The short answer is, it depends. The answer to this question varies and will be based on your employee handbook/manual. Many employee handbooks/manuals require employees report both DUI arrest and DUI convictions. Failure to report a DUI arrest or conviction when required by a handbook/manual can be grounds for immediate termination. If the handbook/manual is silent on reporting or there is no handbook/manual, then you are not necessarily required to report the arrest or conviction. However, if an employer finds out they are not precluded from terminating your employment.
What if my job requires me to have a driver’s license as a condition of employment? If having a driver’s license is a condition of employment, your employer can lawfully terminate your employment if you lose your license as a result of a DUI conviction or refusal to submit to a breath test.
Can my professional license be affected by a DUI arrest or conviction? Yes. Entities such as the State Bar (Attorneys), Medical Board, Nursing Board, Pharmacy Board, and/or Board of Education can withhold or deny licensure or initiate revocation proceedings for a DUI arrest or conviction. CPAs with firms governed by the federal Sarbarnes-Oxley Act are required to report a DUI conviction under the full financial disclosure rules.
Can I be denied government security clearance because of a DUI arrest or conviction? Yes. Government security clearance may be denied or revoked at military bases or with government contractors for a DUI arrest of conviction. If you already have government clearance, that clearance may be suspended for a DUI arrest and may be revoked for a DUI conviction.
Can my pilot’s license be affected by a DUI conviction? Yes. Commercial or private pilot’s licenses can be revoked or withheld if the holder’s driver’s license is suspended or for a DUI conviction. If the holder of the pilot’s license does not report the suspension or conviction to the FAA within 30 days of the suspension or conviction the FAA can revoke the pilot’s license.
Can a DUI conviction affect by ability to enlist in the armed forces? Yes. Officially, you are not allowed to join the military if you have any kind of DUI conviction on your record. This is true for all branches of the United States Armed Forces.However, there are circumstances where waivers are granted. This is done on a case by case basis.
Getting a DUI conviction can negatively affect your ability to earn a living. When facing such a serious situation, it’s important that you have an attorney who can help you put forth the best defense possible. The attorneys at BHM Law Group will explore every option available to you to make sure you get the best outcome possible.