You are here: Home / Ignition Interlock Information / Can You Get Fired for a DUI? Employment Rights and Consequences

A DUI charge can have far-reaching consequences that extend beyond fines, license suspension, and court-ordered programs. One of the most significant concerns for many people facing a DUI is how it will affect their job. Can you be fired for a DUI? The answer is complex and depends on several factors, including your state’s laws, your employer’s policies, and the nature of your job.

In this guide, we’ll explore the potential employment consequences of a DUI conviction. We’ll discuss your rights as an employee, the types of jobs that are most at risk, and how a DUI can impact professional licenses. We’ll also provide some guidance on how to handle the situation with your employer and mitigate the potential damage to your career.

At-Will Employment vs. Contract Employment

One of the most critical factors in determining whether you can be fired for a DUI is your employment status. Most employees in the United States are considered “at-will” employees, which means they can be fired for any reason, or no reason at all, as long as it is not an illegal reason (such as discrimination based on race, religion, or gender).

At-Will Employment

If you are an at-will employee, your employer can likely fire you for a DUI conviction, even if it occurred outside of work hours and in your personal vehicle. The employer does not need to prove that the DUI affects your job performance. However, some states have laws that offer some protection for employees’ off-duty conduct.

Contract Employment

If you have an employment contract, you have more protection. Your employer can only fire you for reasons specified in the contract. A DUI may or may not be a valid reason for termination, depending on the terms of your contract. It is essential to review your contract carefully to understand your rights.

Union and Government Employees

Union members and government employees also have additional protections. Their employment is typically governed by a collective bargaining agreement or civil service rules, which outline specific procedures for disciplinary action. A DUI may still be grounds for termination, but the employer must follow the established procedures.

Impact on Professional Licenses

A DUI conviction can have serious consequences for individuals who hold professional licenses. Many licensing boards have rules that require licensees to report any criminal convictions, including DUIs. The consequences of a DUI can vary depending on the profession and the state, but they can include:

  • License Suspension or Revocation: In some cases, a DUI can lead to the suspension or revocation of a professional license. This is more likely for repeat offenses or if the DUI involved aggravating factors.
  • Fines and Probation: Licensing boards may also impose fines or place the licensee on probation.
  • Mandatory Treatment: The licensee may be required to complete an alcohol treatment program.

Some of the professions that can be affected by a DUI conviction include:

  • Nurses
  • Doctors
  • Lawyers
  • Teachers
  • Commercial drivers
  • Pilots

If you hold a professional license, it is crucial to understand the rules of your licensing board and to seek legal advice on how to handle a DUI conviction.

What to Do if You Get a DUI

If you are facing a DUI charge, it is essential to take proactive steps to protect your employment. Here are some things you can do:

  • Consult with an Attorney: An experienced DUI attorney can advise you on your legal rights and help you navigate the criminal justice system. They can also help you understand the potential employment consequences of a DUI and how to mitigate them.
  • Review Your Employee Handbook: Your employee handbook may have a policy on criminal convictions. It is essential to understand your employer’s policy and to follow it.
  • Be Honest with Your Employer: If your employer has a policy that requires you to report a DUI, it is best to be honest and upfront about the situation. Trying to hide a DUI can make the situation worse if your employer finds out later.
  • Focus on Your Job Performance: Continue to be a reliable and productive employee. This can help demonstrate to your employer that the DUI is not affecting your job performance.

Know Your Rights and Stay Sober

A DUI can have serious consequences for your employment, but it does not have to be a career-ending event. By understanding your rights, being proactive, and seeking legal advice, you can minimize the damage to your career and move forward with your life.

With locations in 30 states including California and Pennsylvania, Low Cost Interlock is here to support your path to license restoration. Our automated calibration system ensures a hassle-free experience from start to finish.

For more information on your rights as an employee, you can visit the U.S. Equal Employment Opportunity Commission website. If you are struggling with alcohol abuse, the Substance Abuse and Mental Health Services Administration (SAMHSA) offers a national helpline and resources for more information on DUI laws in your state, you can visit the FindLaw website.

Disclaimer

The information in this blog is for general informational purposes only. Information may be dated and may not reflect the most current developments. The materials contained herein are not intended to and should not be relied upon or construed as a legal opinion or legal advice or to address all circumstances that might arise. You should contact your attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Links to any third-party websites herein are provided for your reference and convenience only; RoadGuard Interlock does not recommend or endorse such third party sites or their accuracy or reliability. RoadGuard Interlock expressly disclaims all liability regarding all content, materials, and information, and with respect to actions taken or not taken in reliance on such. The content is provided “as is;” no representations are made that the content is error-free.