Being charged with any type of crime can have a negative impact on one’s future and opportunities, especially if the charge results in a conviction. One of the most serious traffic offenses that a person can be charged with and convicted of is driving under the influence (DUI)/operating under the influence (OUI). Following a DUI conviction, it’s important that a person understands how the DUI conviction may impact their life, including their ability to maintain or secure employment. Here’s what you should know as a job applicant if you’re convicted of a DUI/OUI in Massachusetts—
Maintaining Your Current Job with a DUI/OUI
If you are convicted of a DUI/OUI while you are employed, your employer may have the right to terminate your employment. Indeed, Massachusetts is an at-will employment state, which means that most employees in our state can be terminated at any reason without the employer having to give cause. If your job is public-facing, or if it involves operating any type of automobile or machinery/equipment, it is likely that your employer will take disciplinary actions against you, which could include termination.
Finding a Job After a DUI/OUI Conviction
For those who are searching for work after being convicted of an OUI/DUI, having a criminal background could make securing a position more challenging.
In the vast majority of cases, a DUI will show up on a criminal background check and a motor vehicle record check; even if you weren’t convicted, the DUI arrest may show up on your record.
While an employer may conduct a background check, it’s important to understand that you have rights, too. For example, the background check cannot be conducted without securing your permission first. What’s more, the employer cannot base an employment decision off of an arrest that did not lead to a conviction, your juvenile record, or a misdemeanor offense that’s more than five years old. An employer can, however, ask you about a conviction that is directly related to a job for which you’re applying. For example, if you’re applying to be a commercial driver, asking about a DUI conviction would be appropriate.
Working with an Attorney Can Protect Your Rights
One of the best ways to mitigate the worst consequences of a DUI arrest and conviction is to hire a skilled DUI defense attorney as early in the process as possible. An attorney will be able to build your defense, advise you of your options, negotiate a plea deal or defend you against charges, and advocate for reduced sentencing. An attorney can also help you to understand your options regarding sealing or expunging records, and what your rights are regarding your DUI arrest or/and conviction and employment.
Call The Law Offices of Paul R. Moraski Today
At The Law Offices of Paul R. Moraski, our DUI attorney in Massachusetts understands that being charged with a DUI could change whatever path your life was currently on. If you need help defending yourself and understanding your rights, you can count on our lawyer. Call Attorney Moraski directly today at (978) 397-0011 to schedule a consultation.