Can You Get Fired For A DUI or DWI?
One of the biggest questions that people ask when they receive a DUI charge is, “Can you get fired for a DUI?” The majority of job applicants understand that they have to be 100 percent honest when they complete a job application. If the application asks if they have received a conviction for a crime in the past five years, for example, they have to be honest when they provide their answers. The same applies if the application asks if they have been convicted in the past seven years, 10 years or ever. Not everyone knows what happens if the person already has the job, however. The following material explains the impact that a DUI or DWI charge can have on you if you are wondering what happens if you already have a job.
The Concept of a DUI
The truth is that a charge of DUI is a severe charge that may affect your job. The police are accusing you of acting irresponsibly in more than one way. First, they are saying that you have ingested an unreasonable amount of alcohol, which is irresponsible in and of itself. Secondly, they are accusing you of making the irresponsible decision to operate a vehicle without a regard for the safety of others. Your employer may view you as a company liability if you face a charge like that.
Penalties and Consequences of a DUI
A DUI in any state has severe life-changing consequences. A fine and possible jail time are only part of the penalties that you may have to pay. Your insurance rates could skyrocket. You could lose your driving privileges for a significant amount of time. Additionally, you could end up losing your job after a DUI. You may not end up getting fired after a DUI. The outcome depends on several factors such as your job position, the stipulations that the employers put in the initial agreement when they hired you, and the system that they have set up for such matters.
DUI and Driving Positions
Driving positions are the ones that you run the highest risk of losing if you receive a DUI charge. The governing authorities expect more of you if you hold a CDL license than they do if you hold a regular license. Therefore, the threshold for a DUI accusation is lower for a CDL holder, and the consequences are higher. You can definitely lose your trucking job or delivery position as a result of getting convicted of a DUI or DWI offense. CDL employers almost always take extra care when they hire people, meaning that they usually run extensive background checks as well as conduct drug tests and another testing. They do this to make sure that they do not have extensive liabilities. When one of the drivers receives a charge for a DUI, it is a serious matter.
DUI and Regular Job Positions
If you have a regular job, you may not lose your job because of a DUI. However, your employer may still be entitled to fire you. You can get an idea of the rights that you have by reviewing your hiring paperwork. That is why it is extremely important for each person to read through all the hiring paperwork to view the type of employment that he or she has assumed and the stipulations that the employer has about activities that are outside of work.
An at-will employer can terminate an employee for any reason, as long as that reason does not violate that person as a member of a protected class of citizens. You will not have a legal leg to stand on if such an establishment fires you because of a new DUI charge. The paperwork from at-will employers usually states all of this, and new employees must sign it before they assume work at a job.
Mandatory New Charge Disclosure
Some employers actually draw up contracts that state all of the conditions of employment. Even the ones that don’t create contracts usually express their stance on criminal charges that occur during the course of employment. Such employees may openly state in the contract that their employees must report to them any new impending charges that they have for any criminal activity. They may also reserve the right to terminate the employees at their discretion. Therefore, you could lose your job if you fail to disclose the new charge, and you could lose it if you get a conviction. Some employers may wait until your case goes through the court system and decide to keep you if you do not receive a conviction.
Random Background Checks
Some employers conduct periodic drug tests as well as periodic background checks. They may find that you have an impending charge and question you about it if you do not disclose the information. These employers do state their intent in the beginning before the employment relationship begins. The only thing you can do at that point is trying to hire a DUI lawyer who can help you fight the case. Unfortunately, that still doesn’t mean that you will get to keep the job that you lost.
Can You Get Fired for a DUI?
The honest answer to the question of whether you can get fired for a DUI charge is yes. You can absolutely lose your job if you get a DUI or DWI charge. You can lose your job whether you get convicted or not. That is the hard reality of it. However, a DUI lawyer can assist you when it comes to defending the charge. This person may be able to provide you with some paperwork that can help you defend yourself to the employer, as well.
What to Do if You Receive a DUI Charge
Do not admit guilt of any kind. Contact a DUI attorney the moment you receive a citation for an offense. A DUI lawyer will act as your advocate in the case. All you need to do is let him or her know that you need a good defense and make time to visit him or her for the facts.
How a DUI Lawyer Can Help You
A DUI lawyer is an advocate who can help you in many ways. First, the DUI lawyer is the person who examines the events leading up to the charge occurrence and then tries to find evidence to support a request for a dismissal. Two common reasons for a DUI case dismissal are improper procedure enactment and failure to read an accused person his or her rights. Those are technicalities that your DUI lawyer will try to bring to light in the very beginning of the case.
If that fails, then the DUI lawyer will continue to fight for you by forcing the other side to prove your guilt. The arresting officer must be able to provide three things: you were the one driving the vehicle, you were operating the vehicle under the influence of alcohol, and you were doing so with an unreasonable blood alcohol level. If the prosecuting side cannot prove all of those things, then you may very well have a chance to clear your name of the crime. You can increase the chances of getting a release if you hire a reputable attorney with a lot of positive reviews and testimonials.
Contact a DUI Lawyer Today
If you are a struggling with a DUI charge, and you think that you may get fired after a DUI, you can contact a DUI lawyer who can assist you. A DUI attorney will set you up for a consultation. Your best option is to gather all of the facts and evidence that you can, go talk to the DUI lawyer and allow that person to help you develop a defense strategy. You may be able to put a deposit down on the representation and make installment payments. You must take steps to protect yourself today, however. Call a participating provider immediately.
To Canada With A DUI / DWI?
Can You Go To Canada With A DUI / DWI?
Meta description: If you have a drunk driving conviction, you might be wondering if you can go to Canada. It’s a complicated question, but we break down the answer.
When you’re convicted of a drunk driving offense, there are a lot of penalties coming your way. Some of them you might be familiar with. You know that you may have to serve time in jail. You’re likely to pay fines. You may even spend time on probation.
One thing that you may not think about when you face a DUI conviction is travel restrictions. Some countries restrict entry on the basis of a drunk driving conviction. Canada is one of those countries.
Can you go to Canada with a DUI? The question is complicated. Canada takes drunk driving offenses very seriously. If you have a DUI conviction, you may have to wait a period of time before you enter the country. You also have to prove to Canadian officials that you’re fit for entry.
Drunk driving in Canada
Canadian law treats drunk driving as a very serious offense. Often, what’s a basic misdemeanor drunk driving in the United States is a much more serious criminal offense in Canada. Most Canadians share the view that both the courts and immigration officials should treat drunk driving very seriously. If you get a drunk driving conviction in Canada, you lose your driver’s license for two full years.
Canada and breath tests
Canada also has implied consent laws. That means that if you drive in Canada, the law presumes that you agree to take a breath test to reveal your alcohol levels. In Canada, just refusing to take the breath test can be just as serious as getting a drunk driving conviction.
A ban on drunk driving convictions
Generally, the rule is that you can’t go to Canada if you have a drunk driving conviction. Officials can ask you about your criminal record when you try to enter the country. If you have a drunk driving conviction, you can be turned away. There are a few exceptions, but generally, the answer to can you go to Canada with a DUI is no.
What are my options?
If you have a drunk driving conviction, you have a few options if you want to travel to Canada. The first option is to obtain a permit to do so. This is called a Temporary Resident Permit.
The second is to wait a prescribed period of time and then make your case that you’re rehabilitated from your drunk driving conviction. Finally, if you wait even longer, the Canadian government presumes that you’re rehabilitated, and you can enter the country even with your drunk driving conviction. A DUI lawyer can help determine which option might apply to your case.
Temporary Resident Permit
A temporary resident permit is an option when a person is otherwise inadmissible to Canada. It’s basically an exception that your DUI lawyer can help you apply for if you need to go to Canada despite your conviction. To get a temporary resident permit, you must prove to the Canadian government that the benefits of your entering the country outweigh the risks.
You have to pay a fee to apply for a temporary resident permit. Even if you pay the fee, there’s no guarantee that the Canadian government is going to give you the permit. Even if you have the permit, a Canadian official can revoke it at any time.
If you’re lucky enough to get a temporary resident permit, it’s issued for a short period of time. That means, if you apply for the temporary permit so that you can conduct business in the country for a week, your temporary residence permit is likely going to be valid for the week. The Canadian government isn’t going to give you extra time for sightseeing.
You might have to interview as part of your application. There are documents to file and you must pay a significant fee of approximately $200 Canadian. It’s important to let a DUI lawyer help you prepare your application so that you have the best possible chances of success.
The next option to enter Canada with a drunk driving conviction is by proving rehabilitation. You must wait a certain period of time. This is typically at least five years. This is measured by the time your sentence is complete. The waiting period also begins after any period of license suspension ends. Your DUI lawyer can help you evaluate when your waiting period starts.
That means, if you’re sentenced to two years of probation, the clock doesn’t even start ticking on your five-year waiting period until you’ve completed your two years of probation. Your DUI lawyer can help you as you address your DUI charges. If going to Canada as soon as possible is important to you, your DUI lawyer can help you make your probation as short as possible.
If five years have gone by since your criminal conviction, you can apply to show the Canadian government that you have overcome whatever led you to break the law. There is a long list of paperwork that you have to complete. You have to fill out your complete personal information as well as describe the events that led to your criminal conviction.
You must give detailed information as to why you feel you’re rehabilitated. You should detail your substance abuse treatment. If you’re employed, it’s important to include dates of dedicated employment. You should include any community service that you performed. You can work with a DUI lawyer on your application.
If you’re convicted of only one or two drunk driving offenses, the Canadian government presumes that you’re rehabilitated after a period of time. Usually, this period of time is ten years. That is, if ten years have passed since your drunk driving conviction and you haven’t had any more problems with the law, Canada presumes that you’ve solved your substance abuse issues. Like criminal rehabilitation, the time starts on the waiting period after you’ve fully completed your sentence for the most recent offense.
If you have too many criminal convictions, the Canadian government says that you’re never rehabilitated. Additionally, if the criminal offense that you’re convicted of is an offense that can bring more than ten years of punishment in Canada, you are never rehabilitated. In that case, your chances for lawfully entering Canada are slim. Even so, it’s important to use a local DUI lawyer to evaluate all of your options.
What if you don’t plan to drive?
Some people assume that they can go to Canada on the condition that they allow someone else to do the driving. This is unfortunately not the case. When you try to enter Canada, there’s no distinction between planning to drive and promising not to. Each person has to follow the same procedure to prove their rehabilitation or wait the appropriate period of time before entering the country.
Only convictions count
To have a DUI prevent you from going to Canada, you must actually have a DUI conviction. If you are acquitted of drunk driving, you likely can still go to Canada. That means that you should work with a DUI lawyer to explore all of your options. If your DUI lawyer can work with you to successfully defend your case, you can still travel to Canada.
Work with a local lawyer
It’s very important that you work with a DUI lawyer to address any drunk driving charges that you’re facing. Your attorney can help you evaluate the case to see if law enforcement violated your constitutional rights. If they did, your attorney can file paperwork to ask the judge to throw out evidence. This might be completely fatal to the state’s case against you.
Your attorney can help you evaluate your options. A DUI lawyer can mean the difference between taking that business trip or hunting trip to Canada and having to make other plans. A local attorney knows the local courts and they can help you navigate the complex legal system as they aggressively help you with your case.
Can You Join The Military With A DUI / DWI?
If you’re facing a drunk driving charge, you probably have lots of questions about your future. You might worry about spending time in jail. Fines and court costs can be another big area of concern. Most importantly, you might be wondering you can kiss joining the military goodbye.
What are my options?
Can you join the military after a DUI? The answer is that yes, you can, but it’s going to be harder for you to get there. Today, joining the military is very competitive. More people want to join the military than the military has room to accept. They can afford to be selective, and they’re looking for anything that distinguishes you from the sea of candidates.
Your DUI lawyer knows that if you’re facing a DUI charge, your effort to join the military just got a lot harder. The military wants to know that you have good character. They want to know that they can trust you with your fellow soldiers and with weapons. They might see a DUI as weighing on your character.
That isn’t to say that the answer to can you join the military with a DUI is always no. In fact, in many cases, you can still join the military. However, it’s important that you take all steps to comply with any term of probation. You should essentially try to be a model citizen and prove your fitness for service in any way possible.
There might be lasting consequences
If you’re still able to join the military with a DUI conviction, there might be some restrictions on your service. You may not be able to get a service job that involves driving a vehicle. You might have a harder time moving up in rank. You might also have to take drug and alcohol tests to ensure your sobriety during your service.
Don’t take steps to hide the fact that you received the DUI conviction. You can work with your DUI lawyer to mitigate the consequences of your conviction. However, your military application is going to ask you if you have any criminal convictions.
If the answer is yes and you don’t tell the truth, that can be far more fatal to your application than the criminal conviction is in the first place. Your best bet is, to be honest with your recruiter about the exact circumstances of your case.
The case must be resolved
The military typically doesn’t accept someone who has pending charges. That means you need to resolve your case as quickly as possible. Work with a DUI lawyer to explore all of your options. In some cases, this means working to negotiate a plea resolution as quickly as possible. In other cases, this means taking the time to prepare evidence so that you can go to trial and ask a jury to find you not guilty of the charge.
It’s important to avoid making assumptions about the best possible course of action until you speak with a DUI lawyer. There are many different goals when it comes to addressing a criminal charge. In some cases, the only goal is to go to trial to seek a not guilty verdict.
If you want to join the military, your goal might be to preserve your best chances to join the service given the entire circumstances. This may or may not mean that it’s in your best interests to go to trial in your case. Talk to your DUI lawyer to make a game plan for the best course of action.
If you’re facing any kind of felony charges, the answer to can you join the military after a DUI is no. It’s against the law in all fifty states for a felon to own a firearm. That means if you have a felony conviction, you can’t have a weapon.
Even if you might be able to work against the odds and join the military after a drunk driving charge, you definitely can’t join the military with any kind of felony on your record. That means if you’re convicted of any kind of aggravated drunk driving, you have no options. This might occur if you flee the scene of a drunk driving crash or if someone is hurt or killed by your drunk driving.
A conviction for resisting an investigating officer is also likely a felony that ruins any hope of joining the military. As an aside, a domestic violence conviction usually bars you from owning a firearm and joining the military. It’s important to work with a DUI lawyer to keep a felony off your record at all costs so that you can have any chance of joining the military.
Often times, district attorneys and state prosecutors want to help you succeed. They are mindful that many young offenders can benefit from the discipline and structure in the military. In many cases, state attorneys are willing to bend over backward to work with your DUI lawyer to help you find a way to still join the military.
That means the state attorney might allow you to take advantage of a diversion program. These programs vary wildly from state to state. They might allow you to complete a term of supervision that’s similar to probation. This can occur before or after the court adjudicates your case.
There are other programs that might be available to young offenders. Many state laws recognize that young people make mistakes. You might be able to receive a special disposition in your case because of your age. The result can be a reduction or dismissal of the charges against you.
Drug and recovery courts
Your DUI lawyer can also help you evaluate your options to join a recovery court. These courts exist to help offenders address substance abuse issues. Your local DUI attorney knows when these options are available in your local area.
Drug and recovery court involves intense monitoring for alcohol and drug use. You also have to get treatment for substance abuse issues. Successfully completing recovery court can result in reduced charges or a complete dismissal of the charges. Eligibility for recovery court varies by location, so it’s important to talk with a DUI lawyer.
What if you’re already in the military?
You might wonder what happens if you receive a drunk driving charge while you’re in the military. The answer is that there is not one particular way of handling the situation, but it’s a serious problem no matter the circumstances. First, you have a right to a DUI lawyer. Whether you’re charged in state or federal court, you have a constitutional right to your day in court.
You might receive a court martial in addition to the criminal charges. This is so that the military can address discipline against you in addition to the penalties imposed by the criminal court. The possible penalties might be different than you typically see in criminal court. Can you join the military with a DUI might be a question that’s answered with a no, even if you’re already in the military? Just because you’re already in doesn’t mean that you can stay.
In some cases, the military can order you to complete a substance abuse treatment program. They can lower your rank and your pay. You might not be able to reenlist once your term of service is complete. Finally, you might receive a dishonorable discharge. It’s important to work with your DUI lawyer to address the charges as aggressively as possible. The charges might change your entire life.
Work with an attorney
If you’re considering the military and you’re facing a DUI charge, it’s important to work with a DUI lawyer. Can you join the military after a DUI depends in large part on how your drunk driving case resolves before you ever apply to join the military? A skilled and experienced local attorney can make all the difference.