Can You Be Fired for a DUI Outside of Work?

If you’ve recently been charged or convicted for driving under the influence (DUI) or driving while intoxicated/impaired (DWI), you may be wondering how it will affect your life. This might include concerns about your future, your family, and almost certainly, your employment.

A DUI/DWI can impact your job, but it tends to affect different jobs in different ways. Since state law typically governs in this area, specific employment consequences of a DUI can also depend on your jurisdiction.

In this article, we’ll answer commonly asked questions like whether you can get fired for a DUI. We’ll also review general principles behind the ways a DUI might impact someone’s employment.

If you’re dealing with some of these concerns, you’ll want to discuss your situation with a DWI/DUI attorney licensed in your state. They can explain the range of options that could help mitigate potential consequences to your employment.

Getting a DUI or DWI Outside of Work

DUI and DWI are the legal terms used when someone is caught driving while under the influence of alcohol or drugs. Precise definitions vary by state. But many states use the terms interchangeably, as we’ll do here.

Most states regard a blood alcohol concentration (BAC) of 0.08% or higher while operating a motor vehicle to be drunk driving. For drugs, there’s no universal limit. Instead, law enforcement may use various methods to determine impairment.

DUIs/DWIs are generally considered criminal offenses. 

Will My Employer Find Out About My DUI?

That depends. If the charges are recent and you haven’t been convicted, your employer probably won’t find out unless:

• The job involves driving or requires a professional license
• Your employer runs ongoing criminal background checks or driving record checks
• Your employment contract/handbook requires you to report arrests or convictions

Of course, if the DUI/DWI becomes public record, your employer or anyone else who actively searches for it will be able to find it.

Will My Employer Fire Me For a DUI That Happens Outside of Work?

It depends. Most workers in the U.S. have at-will employment. This means an employer can typically fire an employee for any reason, or no reason at all, as long as it’s not illegal discrimination.

Federal laws create basic protections for workers. Since a DUI conviction isn’t a protected characteristic like race or religion, employers can usually fire someone for getting one, even if it happened outside of work. The Equal Employment Opportunity Commission (EEOC) requires that any adverse action based on a criminal conviction must be job-related and consistent with business necessity. 

Just because they can, however, doesn’t mean they will.

How To Evaluate Your Risk of Job Loss After a DUI

Several factors can make someone more or less likely to lose their job because of a DUI. We discuss some of the most common considerations below.

Consider Your Job Duties

The type of job someone holds generally weighs heavily in an employer’s decision to fire someone for a DUI.

If a person’s job requires operating heavy machinery or handling hazardous materials, for example, an employer may be more inclined to terminate them for a DUI. By their nature, these safety-sensitive jobs involve high stakes.

Examples of those high-stakes jobs include:

• Air-traffic controllers
• Commercial truck drivers
• Firefighters
• Bus drivers
• Forklift/crane operators

People who fill these roles are typically subject to stricter standards/regulations pertaining to drugs and alcohol. As such, even an off-duty DUI may lead to employer concerns about someone’s ability to perform the job safely.

How Will a Suspended Driver’s License Affect Your Job?

Additionally, a DUI often means suspension of a regular or commercial driver’s license (CDL). Someone who can’t legally drive will be unable to do certain jobs, like a truck driver or a delivery driver. In these cases, losing a job as a result of a DUI is more likely.

Even if an employee keeps their driving privileges, companies may face increased insurance rates if an employee who drives or operates a company vehicle gets a DUI. As such, this may also factor into their employment decisions.

Do You Maintain Professional Licensure?

Many jobs require professional licenses. Depending on licensing board rules, a DUI could affect the status of these licenses.

Examples of positions subject to licensure include:

• Nurses
• Doctors
• Lawyers
• Pilots

Professional licensing boards don’t tend to automatically revoke a license for a first-time DUI. But repeat offenses, failure to report, or aggravating factors could increase the likelihood of revocations.

If the DUI affects the status of your professional license, and you can’t legally perform your job, this could obviously increase your chances of termination.

Review of Security Clearances

Similarly, an off-duty DUI may trigger a formal review of an employee’s federal security clearance. If your clearance gets suspended or revoked, and your job depends on it, it can result in job loss.

However, one DUI doesn’t typically lead to clearance loss/termination. Often, completion of required programs can help you keep your job and your clearance.

Check the Company Policy

Most organizations have policies and employee handbooks that outline the expectations for employee behavior, both on and off the job. If either specifically states that a DUI conviction is grounds for termination, an employer may be more likely to fire an employee.

Some employers may have a zero-tolerance policy for criminal convictions. Others could have a policy that says you must tell them about any arrests or criminal charges. Still others may not have a policy on the issue, which typically means they’ll address it on a case-by-case basis.

Company Reputation/Public Trust

Even without a policy, if an employer thinks your DUI could hurt the company’s reputation or cause problems at work, they might decide to fire you. This is most common in public-facing roles, leadership positions, and work where public image or trust is particularly important.

For example, teachers, police officers, and healthcare workers are sometimes viewed as role models. A school, hospital, or municipality might worry about its reputation and decide that someone with a recent DUI isn’t a good fit.

State Laws for Employee DUIs

State law also plays a significant role in whether an employer can fire you for a DUI. Some states limit when employers can consider criminal records, though DUI cases are often an exception. Other states have laws that protect employees from being fired for certain off-duty activities, including DUI convictions.

For example, California employers can’t fire an employee for a DUI conviction that occurred outside of work, unless the employee’s job requires a commercial driver’s license (CDL) or involves driving as a significant part of the job.

In contrast, employers in Texas can fire an employee for a DUI conviction, even if it occurred outside of work. There’s no state law that prevents them from doing so.

Employment Protections

Not everyone is an at-will employee. Workers who enjoy employment protections through a contract, union, or statute aren’t at-will employees.

Examples of these workers often include:

• Union workers
• Tenured employees
• Contracted employees
• Civil service/government employees

Specific terms and processes may govern when these employees can be fired. An employer can generally only terminate these employees for an off-duty DUI if it violates their contract, affects job performance, or breaches specific policies.

DUI Arrest vs. Conviction

A DUI arrest doesn’t always have to mean a DUI conviction, which is good because a conviction can bring stiff penalties beyond job loss. These might include fines, driver’s license suspension, and jail time.

However, some states offer first-time offense programs that allow charges to be dismissed after meeting certain conditions and completing treatment or education programs.

Depending on the circumstances, you may be able to assert a legal defense against the DUI charges. A strong defense case can help protect your career.

Common DUI defense arguments can include:

• Unlawful traffic stop
• No probable cause for arrest
• Violation of Miranda or other constitutional rights
• Inaccurate breathalyzer/chemical test results
• Improper field testing/procedures

If the criminal charges were dismissed or you were found not guilty, you may be able to expunge the record.

Expungement Can Improve Background Checks

Expunging a DUI is the legal process of removing it from your publicly accessible criminal history. This means that employers wouldn’t be able to see it if they ran a criminal background check.

Most states allow for expunging DUI/DWI charges that don’t result in a conviction. Many even allow expungement for first-time DUI offenses.

Expungement can be invaluable, especially for future employment opportunities and employers’ reputational concerns.

Get Legal Advice To Protect Your License and Job

If you’re facing charges, a conviction, or employment action related to a DUI, consider speaking with a DUI lawyer sooner rather than later. You have legal protections as an employee, at-will or otherwise.

A DUI lawyer or criminal defense attorney well-versed in the employment laws of your state can help you understand your rights and options, including eligibility for expungement. You can share the specifics of your situation with them confidentially. They can identify potential weaknesses in the case against you and recommend defense strategies that may be particularly effective in your jurisdiction under the circumstances.

FindLaw’s directory of DUI defense or employment law attorneys is a good place to start. Just click on your state, then city, to view ratings, experience, and other information about local experts.

This can be a consequential time during which you’ll need to make informed decisions. Enlist the help of a trusted advocate. They just might be your most important ally right now.