Around 19,000 drivers are arrested for drunk driving in Oklahoma yearly. If this has happened to you, you may be worried about what impact this might have on your employment situation and want advice from a DUI lawyer. At Cannon & Associates in Oklahoma City, OK, we have answers.
How Can a DUI Conviction Affect My Employment in Oklahoma?
A DUI (Driving Under the Influence) conviction in Oklahoma can have significant repercussions on your employment. The specific impacts depend on various factors including your job role, your employer’s policies, and the nature of your conviction. Here are several ways a DUI conviction can affect your employment:
Immediate Job Loss
If your job requires a valid driver’s license or involves driving (e.g., truck driver, delivery driver, sales representative), a DUI conviction could lead to immediate termination due to the loss of driving privileges. Some companies have strict policies regarding criminal convictions, including DUIs. These policies might mandate termination or suspension upon a DUI conviction.
In addition, the vast majority of jobs in the US are “at-will” jobs, in which the employee can be let go for any reason at any time. If you are in an at-will job – that is, one without an employment contract – then there is very little you can do about it if an employer fires you for having a DUI conviction.
License Suspension
A suspended driver’s license can affect your ability to commute to work, especially in areas with limited public transportation options. This can lead to attendance issues and potentially jeopardize your job.
Certain professions require specific licenses (e.g., healthcare providers, lawyers, teachers). A DUI conviction might result in the suspension or revocation of these licenses, affecting your ability to practice your profession.
Background Checks
Many employers conduct background checks as part of the hiring process. A DUI conviction can appear on your criminal record, potentially disqualifying you from job opportunities.
Some employers require disclosure of criminal convictions. Failing to disclose a DUI conviction when asked can result in termination if the conviction is discovered later on.
Professional Reputation
DUI convictions are a matter of public record. This can harm your professional reputation, especially in fields that require a high degree of trust and responsibility. In industries such as education, healthcare, and law, a DUI conviction can be particularly damaging, leading to disciplinary action from professional boards or associations.
Job Performance
Dealing with the legal and financial consequences of a DUI conviction (e.g., court appearances, fines, legal fees) can be stressful and time-consuming, potentially affecting your job performance. Court-mandated programs, such as alcohol education or treatment, community service, or regular probation meetings, can interfere with work schedules and responsibilities.
Impact on Commercial Driver’s License Holders
For those with a Commercial Driver’s License (CDL), the consequences of a DUI conviction are more severe than for those holding a regular license. A first-time DUI conviction can result in a one-year suspension of the CDL, and a second conviction can lead to a lifetime ban from operating commercial vehicles. Many transportation companies have zero-tolerance policies for DUI convictions, leading to immediate dismissal of drivers.
Insurance Rates
Employers who provide company vehicles or who require employees to drive for work purposes may face higher insurance premiums due to an employee’s DUI conviction. This increased cost can influence employment decisions.
What Jobs Might I Lose if Convicted of a DUI?
Aside from professions where you are required to drive or operate some other kind of vehicle, there are other jobs where your employment may be threatened if you have a DUI conviction. For example, no one may be given a license to teach in Oklahoma if convicted of a felony in the ten years before their application. If you have a felony DUI, even if you were convicted in another state, you will not be able to become a teacher in Oklahoma until that time is up. If you are convicted of a felony DUI while teaching in Oklahoma, the state may decide to revoke your teacher’s license.
For those involved in the medical profession, such as doctors and nurses, a DUI may call into question their fitness to practice. A DUI does not necessarily relate directly to practicing medicine, however, the existence of such a significant substance abuse problem that a medical professional was unable to keep from breaking the law, even outside of work hours, could trigger an investigation of their fitness to practice by the Oklahoma Medical Board.
Mitigating the Impact With a DUI Lawyer in Oklahoma City
If you have a DUI conviction, there are steps you can take to mitigate its impact on your employment. The most important thing to do, whether your conviction is recent or in the past, is to get in touch with an experienced attorney. They will know what steps you may be able to take towards reducing your charges or penalties, or whether expungement may be possible in your case.
If your job requires disclosure, be honest and proactive in discussing your conviction with your employer. Demonstrating responsibility and steps taken to address the issue can be beneficial; one such step might be arranging for a reliable transportation option so that you can ensure that you will still be punctual and reliable at work. You should also adhere to all court-mandated requirements and show evidence of rehabilitation, such as completing alcohol education programs.
Can I Get a DUI Expunged From My Record?
When you are convicted of any kind of criminal offense, including a DUI, this conviction goes on to your criminal record. When a law enforcement officer, state official, or potential employer looks at your criminal record, they will be able to see that you have committed a crime. Expungement makes that record clean so that employers will not see the conviction when they check your criminal record (though certain law enforcement and state and federal agencies may be able to see it on request when conducting certain investigations).
There are two types of expungement in Oklahoma. The first is a Section 991(c) expungement, which seals your criminal record and prevents any educational institute or potential employer from accessing it. The offense will appear on your criminal record as a drunk driving charge that was dismissed. The second kind is a Section 18 expungement, which clears all information from your record so that a potential employer will not even see that there has been any DUI charge, and you can honestly say to any potential employer that you do not have any DUI charges on your record.
An expungement for a DUI conviction may be an option for those to whom the following conditions apply:
- DUI convictions with a deferred sentence
- First-time offenders with misdemeanor convictions
- Misdemeanor convictions with jail time and/or fines
- Felony DUI conviction with no prior conviction for a felony
- In some cases, a felony DUI conviction with a prior conviction for a felony provided the felony conviction was not a violent crime
A DUI conviction in Oklahoma presents potential employment issues for both current and future jobs, however, it is not necessarily the end of your career. To find out more about how a DUI lawyer can help with your specific situation, get in touch with us at Cannon & Associates in Oklahoma City, OK, to find out what steps you should take.