Being convicted of a DUI in Pennsylvania carries serious consequences, including hefty fines, jail time, and a criminal record. It can also impact your ability to get or keep a job, especially if the job requires driving. Your employability following DUI or DWI criminal convictions can depend on a few factors, including the nature of the position, the age of the offense, and whether it was a felony or misdemeanor DUI charge.
An experienced Pennsylvania DUI attorney provides legal advice for minimizing the effects of a DUI offense and DUI-related traffic violations on your driving record. Still, it’s important to act fast, especially if you’re currently a job applicant seeking a job that requires a security clearance or one that requires driving.
Let’s look closer at how a DUI affects employment and what you can do about it.
Can I get fired for being arrested for a DUI?
Yes. Pennsylvania is an at-will state for employment, which means that employers can terminate your employment for almost any legal reason.
That being said, your employer may not fire you just because you were arrested for a DUI. They may wait to see what happens with the charge; after all, it could be dismissed, or you could be found not guilty. Even if you are found guilty, if it’s your first offense, if it’s a misdemeanor, and if any jail time or community service you’re ordered to complete doesn’t interfere with your work duties or cause you to miss work, your employer may likely keep you around.
You’re not legally required to disclose the arrest to your employer, but it may be better to be upfront with your employer about a pending criminal matter, especially if your employment contract requires you to disclose any arrest or if your security clearance depends on a clean record.
Before you talk to your employer, consult with your lawyer and be sure to have a plan in place to address the issue. You may be eligible for the Accelerated Rehabilitative Disposition (ARD) program; upon completion, your charge will be dismissed and removed from your criminal record.
Will I lose my job after a DUI conviction?
Possibly. In Pennsylvania, most employment is at-will, meaning your employer can terminate you for almost any lawful reason, including a DUI conviction. If your job requires a clean driving record, a clear criminal history, or holding a professional license or security clearance, a DUI conviction could put your position at risk.
This is especially true for jobs involving public trust, such as teaching, healthcare, law enforcement, or commercial driving. Some employers have internal policies that mandate disciplinary action or termination following any criminal convictions, even for a first-time misdemeanor DUI.
When do I need to tell a potential employer about a DUI?
What if you’re job hunting when you get arrested for a DUI? Depending on where you are in the hiring process, the charge alone could be enough for a potential employer to reject your application out of hand. Many employers have an automatic screening process, including background checks; if a criminal offense shows up, even if the case isn’t concluded, it may be enough to remove your application from consideration.
If you’re a job applicant with a pending DUI charge, don’t omit it from your application. Employers will find out and reject you from the hiring process. You may even be fired if you’re found to have lied on your application about a DUI.
DUI charges and your professional license
If you work in a regulated industry, a misdemeanor DUI conviction can jeopardize your professional license. Your industry’s licensing board may launch an investigation into the matter, as a DUI may be viewed as a lapse in judgment or endangerment of the public.
- Pennsylvania healthcare workers (doctors, nurses, and EMTs) must report to the State Medical Board or State Nursing Board. You may be required to go through treatment, and likely will at least face a license suspension.
- Educators must report the arrest to the Pennsylvania Department of Education’s Office of Professional Responsibility. If convicted, your license may be suspended or revoked, and your employment may be terminated.
- If you have a Commercial Driver’s License (CDL), you will automatically be disqualified, even if it’s your first DUI conviction, and even if you were driving your personal vehicle at the time.
The actions these agencies take are independent of the court system; they can take action against a professional license holder, even if it’s your first offense.
Your best bet for keeping your job and your license is to hire a lawyer immediately after getting a DUI charge. Your attorney can fight the charge for you, challenge the police’s evidence, and advocate for an ARD instead of jail time, which would result in an expungement of your misdemeanor DUI conviction.
Arrested for DUI? Talk to Steven Kellis today
A misdemeanor DUI doesn’t have to ruin your career, but it can if you don’t act fast. Whether you’re facing employment issues or licensing trouble, getting the right legal guidance early on can make all the difference.
Our firm helps people like you mitigate the penalties of felony and misdemeanor DUI offenses. Call Kellis Law Firm today at (215) 977-4183 or contact us online for a free consultation with a Pennsylvania DUI attorney who knows how to fight for your future.