Reporting a DUI and How Miami-Dade Criminal Defense Lawyers Can Help
Getting a DUI, or a driving under the influence charge, can have a serious effect on your life. Not only is your license revoked, rendering you without transportation, but you may have fines to pay, community service to complete, and a criminal record that may make it difficult to find employment in the future.
Talking to your employer about being charged with a DUI is a serious business. Before talking to them, talk to us and we can advise you on your DUI situation. Call us at 866-663-5110 for a free consultation. We can help you avoid the penalties of a DUI being on your record. Contact us now.
But what happens when you’re already employed? Do you have to report a DUI charge to your boss or human resources department? Will it get you fired?
According to the Miami-Dade criminal lawyers at Falk & Ross Law Firm, it depends. Sometimes, yes, you are required to report your DUI to your employer; this is contingent on the charge and the type of job you do. Other times, it may not be necessary to report it, but it could be advisable if your DUI will affect your performance at work or your ability to complete duties as expected.
If you are employed in a position that requires you to have a commercial driver’s license or drive a vehicle for a living, it is required that you report a DUI charge to your employer or boss, in writing, within 30 days of the incident.
Jobs this applies to include:
- truck drivers;
- taxi drivers and chauffeurs;
- bus drivers; and
- delivery truck drivers.
If you do not notify your employer within 30 days, they may have grounds for dismissal when they do become aware of your charge. As commercial transportation companies regularly receive updates from the Department of Highway Safety and Motor Vehicles, it is likely they will learn of the DUI soon. Miami-Dade criminal defense lawyers are crucial at this point.
There are other jobs that may require notification as well, such as teachers, pilots, military personnel or any job requiring some sort of security clearance. It is best to consult your employee handbook or human resources department for clarification. In addition, if your DUI charge was a felony, you may be required to report it to your employer, depending on your company’s rules and regulations.
When you Should Report your DUI
Though not all jobs require you report a DUI when charged with one, there are situations when it would be better to tell your employer than to not.
If your license was suspended or revoked because of your DUI, this could cause transportation issues and problems. If you don’t have a reliable form of transportation, it could lead to you being late to work, missing shifts, or overall just affect your performance on the job. In addition, if your DUI punishment has you doing community service, it may require you to take time away from your work.
If you expect your DUI to interfere with your ability to do your job or complete your duties at work, it’s important you notify your employer of what happened. This may help prevent any repercussions that result from your declining work performance.
Clearing the DUI off your Record
In some cases, it is possible to get a DUI removed or “expunged” from your criminal record. Put simply, this “seals” any record of your conviction, allowing only highly restricted access to the file. In Florida, there are a number of requirements in order to do this, including a series of forms and applications, fingerprinting, a certified disposition, a $75 fee, and more.
An experienced lawyer is your best ally when seeking expunction; they’ll guide you through the application process and ensure your case is effectively sealed from the records.
If you were charged with a DUI, you should seek legal counsel as soon as possible. Call 877-663-5110 or 305-741-6997 today to discuss your case with the Miami-Dade criminal defense lawyers at Falk & Ross Law Firm today.
We will like to thank Knowledge Transfer Expert, Steve Trautman for sponsoring this post.