DUI Consequences – Can I lose my Job? Santa Rosa DUI Blog
DUI consequences can go much farther beyond losing your license and accumulating massive fees. Can my employer actually terminate me if I get a DUI? The short answer is, “It depends.” Your employer cannot fire you if you have been arrested under suspicion of DUI. He or she may only do so once a conviction has been reached.
DUI Consequences – Your Protections
California Labor Code Section 432.7 prevents any employer from terminating or disciplining any employee based on any arrests that do not result in a conviction in court. Employers may still ask employees about an arrest if the employee is out on bail or awaiting trial.
This statute will not prevent employers from making employment decisions on arrests that result in convictions. There are no limitations on whether the conviction happens prior, during, or after the decision to discipline the employee has been made.
The DUI consequences case of Pitman v. Oakland in 1988 featured a terminated employee who was fired after he was arrested. The termination occurred before a conviction was made, but the employee did not file suit before a conviction was reached.
The court ruled that to establish a claim of wrongful termination, an employee must allege in his or her complaint that said arrest did not end with a conviction. The court stated “the obvious intent of the legislation is to prevent the adverse impact on employment opportunities of information concerning arrests where culpability cannot be proved.”
DUI consequences long story short, you cannot be fired only because you were arrested for DUI. A conviction must be reached before an employer can move forward with discipline.
Furthermore, current or potential employers are allowed to ask you about pending trials if you are out on bail or your own recognizance. However, an arrest cannot affect hirings, promotions, terminations or outstanding job offers.
What Employers Can Not Ask You
According to Labor Code Sections 432.7 and 432.8, employers are prohibited from asking job applicants or employees the following:
- Information about arrests or detentions that did not result in conviction;
- Information about referrals to, and participation in, any pretrial or post-trial diversion programs;
- Information about convictions that have been judicially dismissed or ordered sealed pursuant to law, including Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code; or
- Information about marijuana-related convictions that are more than 2 years old.
What to Do When You are Arrested for DUI
Immediately contact a lawyer. If you are facing prosecution for driving under the influence of drugs or alcohol or possessing a controlled substance, the skilled and reputable criminal attorneys of Beck Law P.C., can assist you in understanding and protecting your legal rights. A DUI is a serious offense and can have severe personal and professional consequences. If you are located in Santa Rosa or the surrounding areas, contact us immediately.