In general, getting a job with a DUI conviction depends on the employer. A job that requires driving is going to be more difficult to get due to insurance issues, meaning that the employer’s insurance company may not want to insure someone with a DUI conviction.
A DUI conviction, or even a wet reckless may negatively impact one’s career, particularly if the offender holds a commercial driver’s license(CDL) or is required to drive as part of his or her job.
Keep in mind that California Labor Code 432.7 states that employers cannot ask about an arrest that did not result in a conviction. So if you have been arrested for a DUI but you were able to have your DUI case dismissed, that will be a good thing as far as future employment opportunities. For this reason, if you have been arrested for a DUI, you should never plead guilty without having an expert in DUI defense examine all of the evidence in your case.
Expungement:
Even if you’ve been convicted of a DUI in the past, you may be able to have your DUI conviction expunged. If you have successfully completed all of your probation terms, you can file a motion to dismiss the DUI case. Although the granting of these motions is discretionary, if a judge grants the motion, the case is reopened, the guilty plea is withdrawn, or the jury’s verdict of guilty is set aside, and the case is then dismissed. The benefit to having a DUI case expunged is that the Court records will then show that the case was dismissed. Thus, a future employer will see the dismissal rather than a conviction.
Most states require background checks for certain types of jobs, including anyone who works with children, the elderly or the disabled. This doesn’t necessarily mean that a DUI conviction on your record will stop you from being considered, but it could be a factor into an employer’s hiring decision. Also, many state and federal jobs require a background check; but this may depend on the kind of job, such as those requiring a security clearance.
Commercial drivers who are convicted of a DUI on the job, or even in their personal vehicle, can lose their commercial license for 1 year. If a person with a commercial license is convicted of a second DUI, then the commercial license could be revoked for life.
This is why any person arrested for a DUI should strongly consider fighting the charges.
Remember, being arrested does not necessarily mean you are guilty of a crime. Cops write tickets and arrest reports, then send them to the District Attorney. The District Attorney is the one that files charges in court accusing a person of a crime. The District Attorney is the one that must prove the charges beyond reasonable doubt with evidence that is accurate and reliable. And that is not always an easy thing to do.
The fact that you got arrested for a DUI can’t be changed; however, the goal now should be to do whatever you can to not get convicted of a DUI.
If you are arrested for a DUI, you have two options.
Option #1: Do nothing. By doing nothing, you are in essence giving in to the cop, the prosecutor, the court, and the DMV. By doing nothing you are choosing not to contest the accusations against you; by doing nothing you are choosing to not contest the alleged evidence against you. By doing nothing, the result will be that your license will be suspended, and you will be convicted in court of a DUI and you will suffer the consequences.
Option #2: Do something. Do something means that you contest the charges against you. In other words, you hire an attorney that is an expert in DUI defense. By doing so, you can question all of the evidence against you. You question the alleged observations of the arresting officer and his DUI investigation; you question the legality of why the cop stopped you; you question the legality of the drawing of the blood sample or the breath test; you question the reliability and accuracy of the alleged chemical test results. It is your constitutional right to contest all of the evidence against you.
Some people think: I drank, I drove, I got arrested, so I must be guilty. This is the farthest thing from the truth.
In California, it’s not illegal to drink alcohol and then drive a car. Its only illegal if the evidence proves beyond reasonable doubt that you were “under the influence” at the time of driving, or that at the time of driving your blood alcohol concentration was .08% or more.
In the case of a marijuana or prescription medication DUI, it is only illegal if the evidence proves beyond reasonable doubt that you were “under the influence” of the marijuana or drug at the time of driving.
The prosecutor must prove these legal conclusions with evidence that is accurate and reliable, and that is not always so easy for the prosecutor to do.
The best way to not get convicted of a DUI is to fight the DUI charge. It is always in your best interest to fight the charges as a DUI conviction will affect your ability to be employed in the future.