Telling Your Employer About a DUI in Arizona

November 21, 2019 Posted in Misdemeanor

One of the things that most people who get arrested for driving under influence wonder about, is whether or not they should tell their boss about it. The best advice would differ, depending on the circumstances.

First of all, when you get arrested or you’re charged with a crime, it is a personal matter. Generally, you won’t need to get your employer involved. However, there could be an issue if there are work-related circumstances involved.

Also, you need to note that arrest and accusation are different from actually being convicted or sentenced for a crime. These are the things that you need to consider when weighing whether or not you should disclose the incident to your employer.

Work-related circumstances

Generally, you won’t have to disclose everything to your employer. After all, privacy is a constitutionally protected right. However, under certain work-related circumstances, you might be obliged to let them know.

For instance, when your job involves driving or when you have been issued a company service vehicle. In this case, it is generally required that you disclose facts about the DUI incident to your employer.

You should also check for company policy. Rules about disclosing DUI arrests or convictions of a crime would vary depending on your company. Most companies only require disclosure of major crimes, especially those that involve moral turpitude or grave dishonesty. For other, less serious crimes like DUI, they may not require full disclosure.

It is also likely to depend on the position that you hold. If you’re a company driver or a salesman who drives around at work, then it is highly probable that your company requires disclosure of such incidents.

These policies are usually found in various documents including employment contracts and employee handbooks. Bear in mind that non-disclosure, especially if you were required to do so, could actually have grave consequences. Some policies provide that the employee can be terminated due to the concealment of a material fact.

For this reason, it is very important to assess and review everything carefully. Asking for legal assistance from reputable lawyers like the Law Offices of Gary L. Rohlwing would be a big help. A lawyer can help you sift through all the company policies, rules, and laws in order to arrive at a solution that’s most beneficial to you.

Accusation vs. Conviction

As mentioned before, you should bear in mind that there is a huge distinction between accusation and conviction. Once arrested and taken in, you are accused of said crime under DUI laws. However, you would have to undergo legal processes to determine whether or not you are indeed guilty of DUI and what penalty is to be imposed. When it comes to disclosing these matters to your employer, you should consider whether you have simply been accused or if you have already been convicted of DUI.

More often than not, it is good to be honest and disclose everything to your employer. However, when there are serious consequences involved, it is best to weigh in with a lawyer before disclosing.