Some of the millions of Americans looking for jobs with a DUI record are hiding that they have been convicted of driving under the influence of alcohol. A DUI conviction remains in the driving record for several years and affects everything from insurance premiums to employment. Even individuals convicted of misdemeanor rather than felony DUI may have trouble finding work.
Current 2021 employment applications usually include at least one question regarding a criminal record. Typically, the applicant must state whether he or she has been convicted of a crime classified as a misdemeanor or felony. If this information is not requested via the application, it is usually discovered during a pre-employment background check. A DUI conviction will not necessarily prevent a job candidate from being hired but it does not help.
It is important to note that in pending cases when a person was recently arrested for DUI, DWI and has not yet been convicted, this charge should not hurt a current job search. However, when a person is currently employed and gets charged with driving under the influence, most 2021 company policies today will allow them to fire an employee for DUI at their discretion if they choose to enforce the employee policy.
A DUI most often affects a job search, when an application or employer asks about any past criminal convictions in a person’s background. Just because a person gets arrested for DUI, DWI, the individual is not obligated to disclose details about a recent DUI arrest, or any charge from the past that did not end with a guilty conviction in court.
It is important to distinguish a DUI arrest from a conviction in court. In most states, a prospective employer is not legally permitted to inquire about arrests but is allowed to ask about convictions. Some state laws include an exception that allows a hiring organization to inquire about particular types of arrests based on the open position. However, job applicants are not obligated to voluntarily provide details regarding a DUI arrest and should only provide DUI conviction information when it is specifically requested.
The degree that DUI conviction limits employability depends on the type of work the individual is seeking. Specifically, the person may have trouble getting a job dealing with children or driving a company vehicle. If the organization deals with confidential information, the employer may refuse to hire anyone with a criminal record. Many government agencies and branches of the military adhere to this DUI, DWI policy.
Most states temporarily suspend the driver license following DUI conviction, which can make traveling to interviews difficult. A DUI attorney can help prevent a DUI arrest from becoming a conviction by having the case dismissed due to lack of evidence or errors. If a conviction is unpreventable, a DUI lawyer can help a job applicant expunge the DUI conviction from the criminal record so it will not need to be acknowledged during the hiring process.
Individuals with DUI convictions should have DUI lawyers help them prepare responses to questions that prospective employers may ask about these charges. Lying is never recommended but there are ways to present the information so it is not an employment-breaker. Explaining that lessons have been learned and providing examples of responsible behavior since the conviction can make a big difference.
Utilizing a free online DUI arrest examination will get immediate case-specific answers how to help challenge and dismiss a case, and provide free legal advice with ways to avoid a DUI impacting a future job or career.
How a DUI, DWI felony record or misdemeanor conviction can prevent a person from getting a job, 2021 additional employment policy legal references:
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.