A major concern for those arrested for DWI is how it will affect their life. They are worried about spending time in jail but also realize that the repercussions extend far beyond that. One fear is that they will lose a job.
The reality is that any criminal offense can lead to termination and make it harder to land your next gig. Call Tad Nelson & Associates to discuss how a DWI can impact employment prospects. For most people, fighting the charges makes the most sense.
Your Employer Could Fire You
If you are currently employed, you might lose your job. Texas is an “at will” employment state, which gives employers wide discretion to hire or fire at will. There are some limitations, such as no illegal discrimination based on race or gender. But employers can fire someone for committing a crime.
Some employees work with an employment contract. Typically, these agreements contain a clause allowing an employer to terminate you for cause. Read your contract. It might define a criminal conviction as qualifying as sufficient cause for getting laid off.
Any time in jail will also make keeping a job harder. A first-time offender could end up with 180 days in jail, and everyone will have at least 72 hours in jail.
Keeping a job is also harder if you lose your license. You might qualify for a restricted license to get to work, but it’s not guaranteed.
You Might Struggle to Land a New Job
If you’re in the job market currently, a DWI arrest or conviction could prevent you from getting a gig.
A DWI will have the greatest impact on the following jobs:
- Transportation jobs, like trucking or delivery drivers. You are at a risk of getting into a crash and hurting someone, so many employers are shy about hiring someone with a DWI, particularly a recent one.
- Jobs working with machinery. These are dangerous jobs which require skill and precision. Someone with a history of intoxication is a risk for hurting themselves or other people.
- Nursing or medicine. You are a risk for illegal drug use, which means you might start taking a patient’s medication.
- Jobs with children or the elderly. These jobs require that you use the utmost care to protect vulnerable people. Someone with a DWI could be at risk for showing up to work drunk, so it’s hard to get these jobs.
- Professional jobs which require a license. Some licensing boards will suspend someone for a DWI.
It is not impossible to find employment with a DWI—just harder. Your best bet is to fight to get the charges dismissed or reduced. You might also fight for an acquittal, which will allow you to tell an employer you were not driving drunk.
Texas & the “Ban the Box” Movement
Nationally, a movement has grown up calling itself “Ban the Box.” The name refers to a box on most job applications asking if you’ve been arrested for a crime. If you check the box, many employers will simply toss the application into the trash. They won’t even consider someone with a criminal history. Activists want to prevent employers from asking about criminal history on the initial job application—hence the name, Ban the Box.
This movement has had some success in other states, like California. Unfortunately, there is no state-wide law in Texas banning employers from asking about criminal history. Our capital, Austin, has adopted a Ban the Box law, but few other cities have followed their lead. And we don’t anticipate the Texas legislature adopting a statewide ban any time soon.
An important consideration: the Ban the Box laws don’t prevent an employer from running a criminal background check. They simply require that employers wait until after making a conditional job offer. So it is possible to be offered a job but then have the offer rescinded when they find out about your conviction.
Should You Fight Your DWI?
Yes. At a minimum, you should consult an experienced DWI lawyer to see about options. Often, the state’s evidence against you is weaker than they let on. There might be no toxicology report, or the results are unreliable. A police officer might have left out important information from their report. Our firm has defended thousands of people from DWI charges, and we know which defenses work.
Accused of a DWI Offense in Houston?
Contact Houston DWI Lawyer Tad A. Nelson Today
Our firm can meet for a free consultation. We are the right DWI defense lawyers to contact after being arrested from drunk or drugged driving.
