How a DWI/DUI Can Affect Employment in New York

If you’re facing charges for driving while intoxicated, you may be wondering how a DWI/DUI can affect employment in New York. Unfortunately, this serious offense can have long-term consequences on your professional life, many of which extend beyond the typical DUI penalties. Greco Neyland, PC, can defend you against these charges.

How Employers View DWI Convictions

Employers in the Empire State take all criminal convictions seriously, including DWIs. Companies often conduct background checks before hiring potential job candidates to determine whether they have any past convictions. If a DWI appears on your record, this could give the hiring manager pause, especially if the job involves driving or operating heavy equipment.

DWI convictions can also impact your ability to get jobs that don’t involve driving. Employers often worry about hiring people who have histories of making dangerous decisions, especially in industries such as healthcare, education, and finance. Employers in these fields often hold their workers to higher ethical standards, so you could be disqualified from employment.

Licensing and Certification Issues

Having a DWI on your record can jeopardize your ability to get or maintain specific licenses or certifications. Professions such as nursing, teaching, law enforcement, and real estate all require those applying for a certification to pass a moral character evaluation, so a DWI can raise concerns during this stage of the certification process. You may be denied a license or have your current license revoked.

Those already working in fields that require professional licenses could find that a DWI might trigger a review. This can result in disciplinary action, often including the suspension or revocation of their licenses. Without the proper license, you may not be allowed to continue practicing in your field.

Jobs That Involve Driving

Truck drivers, delivery drivers, and sales representatives all must drive regularly to complete their basic job duties. A DWI conviction can lead to the suspension or revocation of your license, which could leave you unable to fulfill those duties. Most employers are unwilling to accommodate employees who lose their licenses, typically opting for termination instead.

If you hold a commercial driver’s license (CDL), the results of your DWI conviction could be even more serious. CDL operators are held to higher standards than the drivers of ordinary passenger cars. Losing your CDL could mean losing your livelihood, as you may be subjected to a longer license suspension.

Job Applications and Background Checks

DWI convictions show up on your criminal record, which prospective employers can easily access through a background check.

While employers are not allowed, under Article 23-A of the NY Corrections Law, to automatically disqualify candidates due to criminal convictions, they can consider the nature of the offenses and how they relate to the job in question. Therefore, even if you’re applying for a job that does not involve driving, your conviction could still reduce your chances of being hired.

Companies may ask if you have been convicted of a crime on their job applications. DWIs are criminal offenses, so you’ll have to answer yes to this question, potentially raising concerns for the employer or even preventing you from being hired. DWI convictions carry a certain stigma that is difficult, or sometimes impossible, to overcome.

How Common Are These Problems?

A total of 46,782 people received citations for driving while impaired in New York throughout 2023. Of those, 91.8% were for alcohol-related charges, and 8.2% were for drug crime – related charges. A total of 24,475 arrests were made for drunk driving, and another 3,542 were made for drugged driving. Many of those arrested faced convictions and the loss of employment opportunities. You can improve the odds of retaining your job and employment by hiring a New York DWI attorney.

FAQs

What Jobs Won’t Hire You If You Have a DUI?

Jobs that won’t hire you if you have a DUI include those in the transportation industry, along with any position that requires you to drive a company vehicle or hold a CDL. You’re unlikely to get a job as a truck driver, taxi driver, or rideshare driver, and you may be barred from holding positions in law enforcement and public safety.

How Long Does a DWI Stay on Your Record in NY?

A DWI typically stays on your criminal record forever in New York. This state does not have an expungement statute for criminal convictions, although there are provisions in place to have your record sealed after a set time if you meet specific, strict criteria. Your DWI will only stay on your DMV driving abstract for 15 years. A DWAI conviction will stay on your record for 10 years.

Can I Get Fired From My Job for a DWI?

You can get fired from your job for a DWI in New York because it is an at-will employment state. This means employers can terminate you at any time, for any reason, including a criminal conviction. Whether that’s likely to happen will depend on whether:

• Your job requires driving company vehicles.
• You hold a professional license that could be revoked.
• There is a company policy in place regarding arrests or criminal convictions.

How Long Will a DUI Show Up on a Background Check for a Job?

A DUI will show up on a background check for a job in New York, and it may appear forever, depending on the severity of the charge. If the job you’re applying for involves driving a company vehicle, your prospective employer will also pull your NY DMV record. DUI convictions appear for 10 to 15 years on DMV abstracts, depending on the severity of the charge.

Hire a DWI Lawyer Today

If you’re facing driving while intoxicated charges, the first thing you should do is hire a DWI lawyer who can represent you. The team here at Greco Neyland, PC, provides aggressive defenses against DWI and other criminal charges, helping clients retain their freedom and avoid the potentially devastating impacts of a DWI conviction. We’ve been in practice for years; in that time, we’ve become intimately familiar with DUI laws. Let us help you. Contact us today.