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For many, a DUI (Driving Under the Influence) can potentially be an embarrassing time in a person’s life, a moment they want to keep private. Unfortunately, if you have been convicted of drunk driving, you may need to disclose this information at your current job or when you apply for jobs.
A common question on job applications is, “Have you have ever been arrested?” If you have ever been convicted of drunk driving, you will need to answer “yes.” Other applications will inquire if you’ve been convicted of a crime, which you will also need to answer “yes” and disclose your misdemeanor or felony conviction.
Be sure you read these forms carefully, as an arrest is separate from conviction. If you were arrested for a DUI (or similar charge such as a DWI, OUI, or OWI), but never convicted of a crime, you can answer “no” when asked if you’ve ever been convicted of a misdemeanor or felony. You can also answer “no” if you were convicted of a DUI but later had the charge expunged. Keep in mind that most state-issued professional licenses, law enforcement positions, school jobs or public office positions will require you to disclose an expunged conviction.
Remember, you should never lie on a job application. Falsifying a job application could work against you in two ways: First, it provides the employer with grounds for termination. Second, a false statement also puts you as an employee at risk by preventing you from filing any claims against the company if you were to encounter any workplace violations.
If you are employed at the time of your DUI arrest or conviction, there’s no federal or state law that requires you to inform your employer. However, your employment contract may require you to state that any failure to disclose an arrest or conviction will be grounds for termination. If your job involves operating a company vehicle, you will be required to notify your employer. This is because your employer may be held liable if you accidentally injure anyone during job duties.
If you’re required to drive with an ignition interlock device (IID), some states have a work exemption available. This means you may drive an employer’s vehicle without the device as long as you are granted an exemption. You must apply for an employer exemption and obtain an SR22, which provides insurance coverage to high-risk individuals. In these instances, vehicles must be owned and maintained by your employer, and the car must never be driven for personal use. You will more than likely have restrictions on when and where you allowed to drive with this exemption.
You may want to consider notifying your employer even if there’s not a specific company policy requiring the disclosure of your DUI. Your employer may appreciate the honesty and can rule out any liabilities that you may not be aware of, keeping both you and your company safe. Questions of this nature come up frequently, and if your employer asks you directly about any arrests or convictions, it is to your benefit to be honest. Lying to your employer can be grounds for termination.
Moving on from a DUI can be difficult, but going through the proper procedures as required by law and your employer’s company policy is always the best option.