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Do I Have to Tell My Employer About a DUI?

Published April 13, 2018 by ADRAS & ALTIG, Attorneys at Law
DUI law

If you have been arrested for driving under the influence (DUI), you may be wondering if you should inform your employer.

If you are accused of a DUI, that does not necessarily mean that you will be convicted. Unless you are convicted, you do not have to disclose this information. However, telling your employer may help you avoid a situation in which the employer finds out about your DUI charge in another way. That could be embarrassing and detrimental to your career.

A DUI conviction can affect your ability to remain employed or get employment, especially if your job involves driving. If your license is suspended, you will have to find an alternate form of transportation. If you drive a company vehicle, you will need to disclose all traffic convictions, including a DUI. You should not drive if your license has been suspended.

Some employee agreements require the employee to inform their employer about an arrest, whether it is for a DUI or another crime. If you are contractually obligated to tell your employer, it is advised that you do so. It’s important to follow the terms of your employment contract, or you may face dismissal.

There are certain occupations in which you need to report arrests for DUI violations. These jobs include postal workers, Uber or Lyft drivers, pilots, military personnel, commercial truck drivers, childcare workers, and employees that work in a public capacity.

If your company’s employee handbook states that you must disclose any DUI charges, then you should do so. If your job does not require you to disclose a drunk driving charge, you may wish to keep the matter private. However, if your employer directly asks you about a drunk driving arrest, it is best not to lie. Before you inform your employer of your DUI charge, it is a good idea to consult first with an attorney who will advise you on how to minimize the impact of this charge. An experienced lawyer can help you understand your options for resolving a DUI charge.

DUI Arrest vs. Conviction

A DUI arrest is different from an actual conviction. A DUI charge means you have been accused of a crime. A DUI conviction means there is an admission or a finding of guilt.

An experienced criminal defense attorney may employ a number of defense strategies if you are arrested for a DUI, including:

  1. The police did not have probable cause to pull you over or give you a sobriety test.
  2. The police did not properly administer the sobriety test.
  3. You gave the police a statement that was in direct violation of your Miranda rights.
  4. The testing equipment that was used to administer your test was not working properly.
  5. A violation of the discovery and evidence rule was committed.

Will A DUI Affect My Reputation?

You may find it difficult to keep the arrest private if your job requires you to be in public view.

If you are employed as a doctor, teacher, lawyer, politician or clergy member, your job depends on your reputation within your community.

In this instance, you need to take a proactive approach, such as seeking treatment for alcohol abuse or hiring a PR firm to manage the fallout from a DUI conviction.

How Can I Get a Job With a DUI?

Many employers today conduct a background and criminal check if they are interested in hiring you. They will discover any previous convictions, including a DUI. It is important to review questions that are asked on the job application. If you are asked if you have been convicted of a crime, you can answer “No” if you have not been convicted or the case is still pending.

Some employers will be more hesitant in hiring employees with DUIs than others. For example, if you plan to work with children, you may have a difficult time finding a job with a DUI conviction. This also applies to jobs such as truck or bus drivers, government employees, daycare providers, or outside salespeople.

You will also have a hard time getting into the military after a DUI conviction and will need a waiver.

If you are looking for work, you should reveal your drunk driving arrest if the employer requests such information. If you do not reveal this information, it may come up later and you could be fired for not being honest in the first place.

How to Get a Record Sealed After a DUI

In the State of Nevada, criminal records can be sealed after a certain amount of time. Once your records are sealed, any DUI arrests or convictions can be kept out of employment background checks. You will also be able to answer “No” on job applications or during interviews in response to questions about having a conviction on your record.

Criminal records in the state of Nevada for a first or second DUI misdemeanor can be sealed 7 years after the case has ended. For felony DUIs (a third conviction, or a conviction resulting in a death), the criminal records may not be sealed.

DUI charges that are reduced to reckless driving can be sealed after 1 year. If the charges are dismissed, the record is sealed immediately.

The documents that you need to obtain and submit in order to get a court order to seal a criminal record in Nevada are:

  • Your criminal record from the Nevada Criminal History Central Repository.
  • An up-to-date, verified copy of your criminal history from the Shared Computer Operations for Protection and Enforcement (SCOPE) system, which is used by law enforcement in Clark County.
  • A signed petition requesting an order that your criminal records be sealed.
  • A judge’s order sealing the criminal records.
  • A signed affidavit that attests to the authenticity of the above documents.

Contact a Las Vegas DUI Attorney

If you have been charged with driving under the influence in Las Vegas, you should discuss your arrest with an experienced DUI defense lawyer as soon as possible. Our attorneys at Adras & Altig understand the stress that a DUI arrest can cause. We will thoroughly investigate the DUI charge and evaluate the evidence against you. We will help you identify the best options for resolving the DUI charge in a way that has the least effect on your life and future. We can discuss whether you should inform your employer of the DUI charge, based on your specific circumstances. You definitely need to hire experienced legal counsel to navigate this process after an arrest for driving intoxicated. Contact the seasoned Las Vegas criminal defense attorneys at Adras & Altig for a free consultation today.

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