No one ever anticipates getting a DWI or DUI. If they thought it would happen, it’s very likely that they’d call a cab instead. Unfortunately, there are still around 1.4 million arrests yearly related to driving under the influence. Many people recognize that this type of conviction can carry penalties such as a lost license and huge fines, but several overlook the potential employment consequences they may face. Not only could a person find difficulties getting a job in the future due to a criminal background, but there could also be serious implications related to the job they already have.
Can a Person be Fired for DWI/DUI?
It’s important to realize that, in many areas, a person can be fired for just about anything as long as it’s not a protected status. One attorney who practices legal representation for DWI offense in New Jersey states “A DWI on a driving record is a serious charge that can lead to significant fees, time in jail and loss of driving privileges, which can hinder your ability to work.” When it comes to a DWI/DUI conviction, though, it’s likely that a person could be terminated regardless of their state’s laws. Although it may not be accurate, an employer will often look at a conviction as a sign of immaturity. Sadly, they may decide that they’d be better off training someone else for a job than risking keeping on someone who they may now view as unpredictable.
Fighting Termination after a Conviction
Fortunately, a conviction doesn’t always have to result in termination. In certain industries, though, it may be all but a certainty. In jobs where a person is required to drive, for instance, such as commercial trucking or even pizza delivery, their loss of license may be enough to give their employer no other recourse. Fortunately, with the right legal representation, a person may be able to avoid a suspension even if found guilty.
It should be noted, though, that employers can fire a person even if they retain their license. Fortunately, there are ways, even after a conviction, that this may be avoidable. For example in recent news one DWI attorney criticized the New Jersey Supreme Court for allowing a ruling that allows NJ police to keep using Alcotest equipment though it has been proven to have many known flaws. Fortunately, a person may be able to convince a judge to let them take the charge to court if they have an experienced legal representative pushing for it.
Avoiding a Conviction in the First Place
The best way to avoid a potential termination in the first place is to avoid being convicted. The easiest way to do this is obviously to not drink and drive. Once a person has been charged, however, they’d be doing themselves a disservice if they don’t hire a DWI/DUI attorney. Though many people assume a failed Breathalyzer is an automatic conviction, there are actually several defenses to this type of evidence.
Some Breathalyzer evidence has been thrown out, for instance, when it was shown that the test wasn’t correctly performed or the device hadn’t been properly maintained or calibrated. In addition, certain diets can result in a Breathalyzer returning a high blood alcohol concentration (BAC) when a person may not have been drinking at all. The important thing to remember is that, even with Breathalyzer evidence, there’s no such thing as an “open-and-shut” case.
A DWI/DUI conviction is a very serious matter, and sadly, some people don’t realize just how serious until they’ve already been found guilty or plead “no contest.” Many individuals have found out the hard way that their boss may not want someone with this sort of conviction at their place of employment, and without real evidence that a person is going to try to get past that part of their life, it’s likely that they’ll be fired. This is why it’s so essential to have an attorney who can fight for one’s rights in these situations. Without one, the long term consequences could be much more than a person was anticipating.
Lisa Coleman shares the possible consequences of what can occur to employment following a DWI/DUI, and what the law says. She recently researched the website of Levow and Associates to view the importance of a person retaining experienced legal representation when faced with such a charge.
Photo Credit: http://www.flickr.com/photos/waponigirl/5621810815/