Can a DWI Prevent You From Getting a Job?

Can a DWI Prevent You From Getting a Job?

A Driving While Intoxicated (DWI) conviction carries significant consequences in Texas, not just legally but also professionally. Not only could it jeopardize your current job, but it could prevent you from future employment.

This article explores how a DWI conviction can affect your ability to secure a job, the industries most impacted, and the steps you can take to mitigate these effects.

If a DWI conviction has affected your job prospects, seeking professional legal advice can help you navigate your options.

Call us at (325) 437-3311 today to discuss your case and explore the best strategies for minimizing the impact of your DWI on your career. Our experienced DWI defense attorneys are here to provide you with the guidance and support you need.

 

Schedule a free consultation

 

What Is a DWI Conviction?

A DWI occurs when a person operates a vehicle with a blood alcohol concentration (BAC) at or above the legal limit, typically 0.08% in most states.

Typical Legal Penalties and Consequences

A DWI conviction often results in multiple legal consequences, including:

• Fines: Financial penalties for DWI convictions can be substantial, ranging from a few hundred to several thousand dollars. These fines vary based on the severity of the offense and whether it is a first-time or repeat offense​.
• License Suspension: One of the most immediate and serious consequences is the suspension of your driver’s license. The suspension period can range from a few months to several years, depending on the severity of the offense and whether it is a repeat violation. In some cases, offenders might be eligible for a restricted license that allows limited driving privileges for work or medical purposes​​.
• Alcohol Education Programs: Many jurisdictions require offenders to complete alcohol education or treatment programs. These programs aim to educate offenders about the dangers of impaired driving and help prevent future offenses. Successful completion of these programs can sometimes lead to reduced penalties​​.
• Jail Time: A DWI conviction can result in jail time. First-time offenders might face shorter sentences or community service, while repeat offenders or those involved in accidents causing injury or death can face much longer incarceration periods​​.
• Installation of Ignition Interlock Devices: In some cases, offenders must install an ignition interlock device in their vehicles. This device requires the driver to pass a breathalyzer test before the car can start, preventing anyone under the influence from operating the vehicle​.

How a DWI Affects Your Employment Opportunities

A DWI conviction can significantly hinder your employment opportunities, affecting both current jobs and future prospects. The degree to which a DWI affects employment can vary based on the industry, the nature of the job, and the employer's policies.

General Employment Prospects

A DWI conviction generally creates a negative impression on potential employers, as they may view it as an indicator of poor judgment and irresponsibility. This can lead to hesitation or outright rejection during the hiring process, especially in competitive job markets.

How Employers Check if You Have a DWI Conviction

A background check is a standard part of the hiring process when applying for jobs. It typically involves a thorough review of an applicant's criminal history, driving records, and sometimes credit history.

Employers use these checks to verify identity, ensure the candidate’s suitability for the position, and assess potential risks​.

A background check can reveal:

• Current Pending Charges: Any ongoing legal cases.
• Misdemeanor Convictions: Lesser criminal offenses, including first-time DWI offenses.
• Felony Convictions: More severe crimes, including repeat DWI offenses.
• Acquitted Charges: Cases where the individual was found not guilty.
• Dismissed Charges: Dropped charges that did not result in a conviction.

Legal Considerations and Regulations

Several laws and regulations govern the use of background checks and the disclosure of criminal records, ensuring fairness in the hiring process:

• Fair Credit Reporting Act (FCRA): This federal law requires employers to obtain written consent from candidates before conducting a background check. If the employer finds a DWI conviction and decides not to hire based on this information, they must follow the adverse action process, which includes notifying the candidate and providing a copy of the report and their rights under the FCRA​.

How Employers Use Background Check Information

Employers often weigh a DWI conviction against several factors, such as the nature of the job, the severity and recency of the offense, and the applicant's overall qualifications. For instance, a DWI may be more consequential for driving or operating heavy machinery than for office-based jobs​. Consulting with an experienced DWI attorney can help navigate these challenges and understand how a conviction may impact your specific employment situation​.

Employers must also consider the relevance of the DWI to the job requirements and any applicable state or federal regulations. For example, the Department of Transportation (DOT) mandates background checks for commercial drivers that include checking for drug and alcohol-related offenses, including DWI​.

Employer Policies on DWI

Employer policies on DWI convictions vary widely, influenced by industry standards, company policies, and state laws.

At-Will Employment and Termination Policies

In many states, including Texas, at-will employment laws allow employers to terminate employees for almost any reason, including a DWI conviction, without having to provide cause. If an employer discovers a DWI conviction, they may choose to terminate the employee based on company policies or perceived risks​​.

Common Employer Attitudes Towards DWI

Employers' attitudes towards DWI convictions can range from lenient to stringent, depending on various factors such as the nature of the job and the company's risk tolerance:

• Strict Policies: Some employers, particularly those in sensitive industries like transportation and healthcare, may have zero-tolerance policies towards DWI convictions. These companies often have clear guidelines stating that any criminal conviction, including DWI, can result in immediate termination or disqualification from hiring.
• Contextual Consideration: Other employers might take a more nuanced approach, considering factors such as the time elapsed since the conviction, whether it was an isolated incident, and any evidence of rehabilitation. For example, an employer might overlook a single, non-recent DWI if the applicant has demonstrated consistent responsibility since the incident​​.

Examples of Employer Policies

• Transportation Industry: Companies like FedEx and UPS, which rely heavily on drivers, typically enforce strict no-DWI policies to maintain safety standards and manage insurance liabilities. They often conduct regular background checks and require employees to report any new DWI convictions immediately​.
• Healthcare Sector: Hospitals and clinics often have policies requiring healthcare professionals to maintain clean criminal records. The Texas Medical Board and Texas Board of Nursing mandate that practitioners report any DWI convictions, which can lead to disciplinary actions or revocation of licenses.
• Government and Law Enforcement: Government agencies and law enforcement departments have stringent hiring criteria. For instance, the Texas Department of Public Safety (DPS) disqualifies applicants with recent DWI convictions from serving as state troopers. Additionally, a DWI​​ can prevent you from obtaining or maintaining security clearances, which many federal positions require.

How to Navigate Employer Policies

For individuals with a DWI conviction, navigating these employer policies requires strategic planning:

• Transparency: Being upfront about the conviction during the hiring process can build trust. Explain the circumstances and steps taken towards rehabilitation.
• Legal Advice: Choosing a DWI lawyer can explore options such as expungement or record sealing, which may improve employment prospects.
• Professional Rehabilitation: Participating in alcohol education programs and community service can demonstrate a commitment to change and responsibility.

Mitigating the Impact of a DWI

While a DWI conviction can have long-lasting effects on employment prospects, several strategies can help mitigate these impacts.

Legal Options: Expungement and Record Sealing

One of the most effective ways to reduce the impact of a DWI conviction is through expungement or record sealing:

• Expungement: This legal process involves removing a conviction from your criminal record. Once expunged, the conviction is generally not visible to employers conducting background checks, which can significantly enhance job prospects. The eligibility for expungement varies by state, and in Texas, a DWI case must meet specific conditions for the court to expunge it.
• Record Sealing: Unlike expungement, record sealing does not remove the conviction but restricts access to it. Most employers and the general public cannot obtain sealed records but law enforcement and certain government agencies can. This can still improve employment opportunities​.

Practical Steps to Improve Employment Prospects

• Be Honest with Employers: Transparency about your DWI conviction during the hiring process can build trust. Explain the circumstances of the conviction and the steps taken to address the issue. Employers may appreciate honesty and the effort to rehabilitate.
• Seek a Hardship or Restricted License: If your job requires driving, obtaining a hardship or restricted license can allow you to drive for employment purposes despite a suspension. This often involves meeting specific criteria, such as installing an ignition interlock device and adhering to driving restrictions​​.
• Demonstrate Rehabilitation: Participation in alcohol education programs, substance abuse treatment, and community service can show a commitment to personal improvement. Providing documentation of these efforts can help convince employers of your dedication to responsible behavior.

Steps to Take After a Conviction

1. Hire a DWI Lawyer: Hiring An experienced lawyer can guide you through the legal process, explore options for reducing penalties, and advise you about the possibility of expungement or record sealing.
2. Attend Alcohol Education Programs: Completing these programs can demonstrate responsibility and a commitment to preventing future offenses.
3. Obtain Documentation: Gather certificates and records of completed programs and treatments to present to potential employers.
4. Prepare for Background Checks: Understand what employers will see in a background check and be ready to discuss your conviction openly and honestly.

Don’t Let a DWI Conviction Hold You Back

A DWI conviction doesn't have to block your career. While it can certainly pose challenges to your job prospects, taking decisive action now can help you chart a better future.

Numerous strategies can improve one's employability post-conviction, from exploring legal options like expungement to demonstrating personal growth through education and honest communication. 

At the Law Offices of David M. White, we’ve guided countless individuals through the complexities of DWI convictions and their professional repercussions. Our experienced team of criminal defense lawyers is committed to helping you minimize the impact on your career and future opportunities.

Don't let a past mistake define your professional future. Call us today at (325) 437-3311 for a free consultation. We're here to provide the support you need to move forward.

 

Schedule a free consultation