The simple answer is—yes. A DUI can seriously affect your employment opportunities. In addition to substantial fees and temporary license suspension, having a DUI charge can have serious implications on your current and future employment status. If you are currently employed, there is a possibility of losing your job permanently depending on the position and contract you signed. If you are currently looking for a job, then you probably know that applications will question you about your criminal history. In this article, we’ll discuss how a Rhode Island DUI conviction can negatively impact your employment as well as what you can do to change that.
Can I be fired for a Rhode Island DUI?
There is a chance you can lose your job if you have been charged with a DUI. Upon hiring, individuals sign a binding employment contract with their employer which establishes the rights and responsibilities of both worker and company. If this contract specifies grounds for immediate firing based on a criminal arrest, then a DUI charge will certainly cause you to lose your job. Another aspect to consider here is the type of career you are in. If your occupation involves driving as a primary function, you may not be able to do your job due to temporary license suspension. This may provide reasonable grounds on which an employer can fire you. One last thing to consider is that the State of Rhode Island is an “employment-at-will” state. This means that an employer essentially has the ability to fire you at any time for any reason. There are some limitations on this at-will discretion, therefore if you believe you have been wrongfully fired, we highly recommend speaking with an attorney.
Will my DUI show up on an employment background check?
If you have been charged with a DUI and are currently searching for a job, you may be wondering if your DUI conviction will show up on an employment background check. Many job applications will ask you if you have been convicted of a felony and/or criminal offense. While it may be tempting to lie on your application, most employers will perform a background check into your criminal history, which will reveal your DUI case. Although Title VII of the Civil Rights Act of 1964 technically makes it illegal for companies to deny employment to those with criminal convictions, most is hiring is done behind closed doors, leaving this to the discretion of the employer. Furthermore, if an employer can reasonably justify why hiring someone with a criminal conviction will hurt their business, it is in their right to deny you employment.
Can I drive to work after a DUI conviction?
Traditionally, a typical Rhode Island DUI conviction will result in temporary license suspension. However, with the help of an experienced lawyer like Attorney Brett V. Beaubien, there is a possibility that you will be able to keep your license in order to drive to and from your job. Granted at the discretion of the judge, a conditional hardship license will allow you to commute to work during a twelve-hour period each day. One of the requirements for obtaining this license during suspension is that you are only allowed to commute between home and work. Another requirement for obtaining this license is the placement of an ignition interlock device into your vehicle. An ignition interlock device is essentially a mini-breathalyzer installed directly into your car. Every time you attempt to operate your motor vehicle, this device will require you to prove that you are not under the influence of alcohol. That being said, the conditional hardship license will allow you to drive to work and continue earning wages.
How can I erase a DUI from my record?
To wrap things up, we will now briefly discuss how you can erase a DUI from your record: file a petition for DUI expungement. After waiting a specified period of time, you and your attorney can utilize this motion to remove all records of your DUI arrest like it never happened (this process is known as expungement). After successful expungement, you are no longer required to disclose your DUI charges to an employer. We suggest contacting an attorney today to learn more about your options.
