Do You Have to Report a DUI to Your Employer?

In addition to fines and time behind bars, defendants face other consequences of a DUI. One of the most feared is job loss. Like other states, South Carolina is an “at-will” state for employment. That means an employer can let you go for almost any reason and without warning.

Arrests and convictions are public information in South Carolina, which means your boss might find out about your DUI even if you do not say anything. But do you have to report a DUI to your employer? Is there an affirmative obligation to let them know? William G. Yarborough, an experienced Greenville DUI lawyer, reviews the facts.

When You Are Required to Report a DUI

Generally, workers are not obligated to report a DUI to their employer. But there are some situations where reporting is mandatory:

• Your employment contract requires reporting. Some workers have employment contracts, and there could be a clause requiring that you report any arrest or conviction to your employer. Go through your employment contract (if you have one) and see if you agreed to this obligation.
• You were arrested while working. In this situation, reporting helps explain why you didn’t complete your shift or report back to the office. You might have been arrested in a company car, which the police impounded. You might have no choice but to disclose the DUI arrest to explain your absence.
• Your employee handbook requires reporting. Some obligations arise in handbooks or employee manuals. Find your copy and read to see if you must report the DUI.

If you needed to report but failed to, your employer can take action, possibly even terminating you for cause.

Reporting to Professional Licensing Boards

Professionals who are licensed probably need to report any DUI to their board. Lawyers, doctors, dentists, and teachers are some of the professionals who should report a DUI. You might face disciplinary action, depending on the facts.

Once you report to the licensing authority, your license could be suspended, so you will need to go ahead and let your employer know. For example, you cannot continue to practice law while under suspension.

Will My Employer Be Notified of My DUI?

Probably not. The police might call if you were in a company car and the company needs to come and get the vehicle. Generally, police do not report arrests to an employer. Nonetheless, that does not mean your employer won’t find out.

You will probably need to take time off work to deal with the case and attend hearings. Your driver’s license will probably be suspended, which means getting to the job will be harder. And if you end up behind bars, then there is no way to hide the DUI, as you are missing work.

In sum, employees need to work extra hard to keep the DUI secret. Employers often find out despite the worker’s best efforts.

Why Employers Care About DUIs and Other Arrests

Your employer could fire or discipline you for a DUI. As mentioned already, South Carolina law gives employers leeway to let workers go for virtually any reason, other than illegal discrimination. And it’s not discrimination to fire someone for committing a crime or getting arrested.

Employers care about DUIs for various reasons:

• Workplace safety. An intoxicated employee might cause accidents at work. Your employer can assume that a DUI indicates a drinking or drug problem. They do not want accidents on the job, which cost them money and time.
• Reputation. A company’s reputation can take a hit if they have a criminal employee. Companies spend money to zealously guard their reputation, and they want to avoid anything that tarnishes that reputation in the eyes of the public.
• Insurance rates. A company’s insurance policies can skyrocket if an employee has a DUI. This is true if they pay to insure the vehicle you drive.
• Public safety. Employers are also concerned with public safety, since any injuries their employees cause will draw regulatory scrutiny. A person with a DUI is a risk of causing accidents that affect the public.

It isn’t surprising that many employers want to know about criminal arrests, including for DUI. Although you might hope to keep the DUI private, the truth is bound to come out.

How Do Employers Find Out About a DUI?

Even if you do not voluntarily report your DUI, and employer can still find out through:

• News stories. Your arrest or conviction could make the newspaper or evening news. A simple search of your name on Google will pull up the relevant stories.
• Background checks. Your employer could run a background check, especially if you are up for a promotion at work. The DUI will show up, and then you’ll have to explain it. Some companies even periodically run background checks on all employees.
• Security clearance denial. You might need a clearance for your job, which could be denied due to a criminal conviction.
• Licensing authority. If your license is suspended, then the regulatory board will probably notify your employer, so you don’t break the law by practicing law without a license or working as a nurse without legal authority.
• Absence from work. If you aren’t at work, your employer will try to find out. They can call your house and speak to your family, who might admit you are at court or in jail for DUI.

Call Our Office After a DUI Arrest

Call a Greenville DUI lawyer before disclosing the arrest to your employer. We can discuss ways to explain the arrest to minimize any potential fallout.

A lawyer can also begin building your defense. William Yarborough has more than 30 years of experience in criminal law, and he can attend an administrative hearing and start compiling evidence to use in your case. We have won cases for hundreds of defendants, and DUIs are not as open and shut as many people fear. Contact our office to schedule an initial consultation where we can talk about what penalties you are likely facing and what defenses might work.