Due to the social stigma that comes with a DUI conviction, these charges often cause employers greater concern than almost any other type of misdemeanor offense. This in turn can end up hurting future employment prospects or potentially damaging your standing with your current employer. For this reason, if you have been accused of driving under the influence it is imperative you consult with an Atlanta DUI lawyer as soon as possible to begin building a defense. An experienced attorney can help you mitigate the damage of the offense as much as possible, thereby minimizing the professional impact of your charge. To learn more or begin building your defense, call and schedule a consultation today.
A DUI conviction may be a reason that an employer would not want to hire an individual , especially for jobs that involve driving, since many employers see it as a sign that that person might be considered irresponsible. It is possible that the employer could view it as a useful mistake, but it definitely will raise a red flag. It will be discussed by the hiring committees or hiring decision makers, and it will adversely affect an individuals employment prospects.
Larger employers in Atlanta almost always run background checks. While smaller operations do not tend to want to spend the money, but it is common for those background checks to show up as an anomaly. It is also common for those background checks to not be your official criminal history and not represent exactly what happened with your case.
Once the case has concluded, and the local DUI attorney has done everything they can to restrict the record, it is always recommended that the defendant obtain a copy of their official history so that if an anomaly on a background check with an employer shows a problem—a conviction or something that might not be accurate—then the defendant will be prepared to show their official history to that prospective employer. This should clear up any ambiguities that may be created because of an arrest in the past that ultimately was not a conviction.
Georgia law requires an employer who makes an adverse employment decision based on penal history and criminal convictions to inform the prospective employee of the reason for that decision. If the employer follows the law, that should provide the individual with an opportunity to explain anything that appears on their record.
There have been instances where prospective employees at prominent organizations, who had successfully had their DUI charges dismissed, still had a DUI show up on their background check—not their official history. In one such case, the organization brought the prospective employee in and gave them the opportunity to explain the DUI, and to show the organization that they did not in fact have a DUI on their official record. Because of their explanation that person got the job. Everything worked out because they were prepared, they listened to the advice of their Atlanta DUI attorney, and the employer followed the law.
A DUI can be problematic for people who are already employed, especially people who drive for a living; for example, truckers or a service technician who drives a van. Their employers periodically run driving history checks on their employees to see what is going on. The insurance company that backs that employer may periodically check the employees as well. Someone who has been convicted of a DUI is deemed by the insurance companies to be a high-risk driver that is costing more money to insure. As a way to mitigate those costs, employers will commonly for a period of time restrict that individual to a probationary period where they are not out on the road and where they are not a driver for the company.
In Georgia a DUI could result in termination of employment as well. Georgia is an at-will employment state, and if an employer finds that an employee got a DUI, and they decided that it means that they are no longer fit to be their employee, they could terminate the employee legally, rightfully, and without consequence. Driving employees are the employees most commonly effected by DUIs, because of the repetitive checks that go into maintaining the insurance rates for their companies.
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