Will My Employer Be Notified of My DUI?

A drunk driving arrest can be embarrassing. You may want to keep your DUI private and deal with it on your own. However, some employees have to report drunk driving convictions to their employers. If you drive as part of your job, you may also have to report the DUI to your employer.

If you were arrested but not yet convicted, you may be able to avoid reporting a drunk driving offense. A DUI attorney can negotiate with the prosecutor to avoid a criminal conviction for a first DUI. Talk to a DUI attorney for legal help after a drunk driving arrest.

How Does Your Employer Find Out About a DUI?

Your employer can learn about your DUI charge in a couple of ways. They may do a criminal background check or driving record check as part of your continuing employment. Another way your employer can find out about a DUI is if you tell them.

Most employers never find out about an arrest for driving under the influence. If it doesn’t affect your work duties, they may never need to know. But some professions require reporting criminal charges, including a DUI. Other employers may need to know about a DUI because driving is part of the job.

Do You Have to Tell Your Employer About a Drunk Driving Arrest?

Many employers never need to know what you’re doing outside of work hours. However, some professional licenses require reporting. Jobs that may require informing your employer about DUI and substance abuse arrests include:

• Airline pilot
• Doctor
• Pharmacist
• Nurse
• Ambulance driver
• Police officer
• Government worker

Jobs that involve driving may also require reporting to your employer. Employers have insurance to cover drivers. The insurance company can find out about a drunk driving conviction. Driving jobs include:

• Truck drivers
• Uber/Lyft driver
• Taxi driver
• Delivery driver
• Commercial driver’s license (CDL) holders
• Bus driver

Some company policies also require reporting. Check your employment contract or employee handbook for reporting requirements after a DUI or DWI arrest.

Can You Be Fired for Getting a DUI?

You can lose your job after a drunk driving conviction. Most jobs are at-will. This means your employer can fire you for no reason at all, or they can fire you for cause.

Having a criminal record isn’t a protected status for employment. Some employers will be understanding after a DUI conviction. But when driving is part of the job, employers are more likely to fire you.

The consequences of a DUI conviction can affect your employment. Even a misdemeanor DUI carries possible jail time. You’ll also face a driver’s license suspension, community service hours, and an ignition interlock device (IID). If you have a suspended license, you won’t be able to drive for your job. You may have limited work availability because you have to complete community service or DUI school.

For future employment, many states and cities have ban-the-box laws. These laws prohibit employers from asking about criminal records until after they make an offer of employment. Check with your state employment laws or a DUI defense lawyer to determine when you must disclose convictions to apply for a job.

Who Will Find Out About Your DUI?

Even if you don’t tell anyone about your drunk driving arrest, some people will find out. Reporting starts with the law enforcement agency. The police will report the DUI arrest to the state motor vehicle department or DMV. This will go on your driving record. Any party monitoring your driving record will be notified of the DUI, including your auto insurance company.

In all, the following parties get notified of a drunk driving arrest or conviction:

• Law enforcement agencies
• Criminal court system
• Department of Motor Vehicles
• Insurance company

A drunk driving conviction is part of the public record. Anyone who does a background check can see your criminal record. Employers usually do background checks.

A nosey neighbor or ex-partner could pay for a background check to see any major vehicle offenses, including a DUI. If you want to know what’s on your criminal history, request a copy of your criminal record from your state or county justice department.

Can You Drive a Work Vehicle After a DUI?

Commercial drivers with a DUI will lose their CDL for one year after a DUI or breathalyzer refusal. You can’t drive for one year if you need a CDL for your job. A second commercial DUI will result in a lifetime CDL ban.

In many states, you can get a restricted license with an IID. But your employer may not want to install an IID in a company vehicle. Some states have employment waivers for you to operate a vehicle without an IID during your employment. This generally requires the employer to sign off on the waiver request. So, you must tell your employer about the DUI to get the company car waiver.

How Can a DUI Lawyer Help?

Many employment policies only require you to report a criminal conviction. If your DUI defense lawyer can get the charges dropped or dismissed, you may not have to report the drunk driving arrest. A criminal defense attorney can review your DUI case and explain your legal options.

Your lawyer can also negotiate with the prosecutor for reduced criminal charges or to avoid a conviction with a diversion program. If you worry about a prior DUI, ask your attorney about an expungement to clear the DUI from your criminal record. Contact a DUI defense attorney for legal advice about your DUI arrest.