DUI (Driving under the influence) is the no. 1 criminal offense in the United States. If ever you are detained for drinking under the influence, the consequences of this arrest will go far beyond probable jail time. There are chances that you may not know it at the time, but DUI can be detrimental to your job now and any future employment prospects you may have.
Once you are arrested for DUI, it is crucial that you speak with an orange county criminal defense lawyer to deliberate on how you can minimize the penalties related to your charge. Understanding the consequences of a DUI conviction on employment and the potential options for dealing with these consequences can help you better be prepared during this challenging time.
Can employers access my DUI conviction records?
When you are arrested and charged with driving under the influence, the potential penalties you face after conviction include court costs, fines, license suspension and compulsory drug and alcohol classes. In addition to these penalties, your DUI conviction will appear on the public records for anyone searching including employers to see.
A current or potential employer including the general public in Orange County CA have the rights, under the State Public Records Act to access these records by simply running your name on the California Judicial Case Search. This case search will reveal;
• A record of any charges filed against you in criminal, traffic or civil court
• The date on which each of the charges was filed
• The case number associated with each charge
• The current state of each case
If an employer clicks on a specific case number, they will find all details about the case including the type of court hearing held, the dates, outcomes of these hearing and the overall disposition of your case which will indicate whether you had the charges dismissed, you accepted a plea agreement or if you were found guilty.
How can A DUI conviction affect my future employment?
When it comes to the consequences of a DUI conviction on employment, it is crucial that you understand the conditions of employment in Orange County CA. According to the DLLR(Department of Labor, Licensing & Regulation), Orange County CA is an employment at will state. What this means is that employers are at liberty to employ or fire an employee at any time for any or no reason at all. Exceptions are only made in the event of discrimination which is highly prohibited or if an employer has a contract that expressly states otherwise.
This raises the question of whether or not to disclose your DUI record to your employer in light of the potential negative consequences.
Well, the answer actually depends on the company’s policy and the type of work you are applying for. Most companies provide employees with a manual that outlines expected responsibilities and behaviors for those it employs. The company retains the rights to include employee conduct both on and off the job. In such a case, DUI may be seen as a violation of that code. Some jobs that may be affected by a DUI include;
• Professionals that are charged with the care and well-being of other people such as medical providers, social service workers, clergy member, and teachers
• People who hold public offices like council members and politicians
• Active-duty service members and military personnel
• Professionals who are required to uphold the law such as judges, lawyers and those generally in the law enforcement sector
• Workers in the transportation industry such as taxi drivers, bus drivers, commercial truck drivers and EMS workers.
For any of the above positions, a DUI conviction could be seen as compromising to the honor and responsibilities of the position and is highly likely a violation of the terms of their employment or service.
Still, most organizations do not have a strict policy of employing someone with a DUI conviction on their record. However, when they receive numerous application for the same job, and your application has an Irvine drunk driving conviction, the chances are high that your application may be pushed further down the pile.
Effects of a DUI conviction on your current job
The effect of a DUI conviction while already in employment majorly depends on the seriousness of the conviction and the precise department you are in. Convictions that result in long jail terms are likely to lead to you losing your job. On the other hand, a first-time DUI offense that results in a fine or any other minor criminal penalty that does not affect how you do your job, may not affect your employment status, especially if your boss is lenient. In most cases, the employer may impose specific conditions like probation.
Why do employers fear to hire or retain people with a DUI on their record?
A DUI conviction, without a doubt, has a big impact on employment especially those seeking to be employed. Most positions today require candidates to undergo extensive background checks and application process. While according to the guidelines provided by the DLLR, it is unlawful for an employer to inquire about a candidate’s general arrest and conviction record, employers are allowed to ask about convictions that have a direct relationship to the position being applied for.
For many organizations, the deciding factor is money. Having someone in the organization that has been charged with a DUI creates a liability that may result in higher premiums for health insurance benefits, or company vehicle as well as increase the costs associated with worker’s compensation insurance.
Seek the services of an expert Orange County criminal defense lawyer
When facing a DUI charge, it is vital that you understand all the ramifications it may have on your career. Different employers have different policies and opinions on this crime. However, there is still a high possibility that your DUI charge will negatively your capacity to keep or find a job. Working with a criminal defense lawyer orange county with experience of strongly and successfully representing many DUI offenders will without a doubt give you the best chance at showing and proving your innocence and maintaining or getting that job.
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