As an experienced Illinois DUI attorney, I understand the concerns people have about potentially losing their jobs following a DUI arrest. Perhaps one of the most common questions I get from clients is, “Can a DUI in Illinois cost me my job?” The answer often depends on several factors, including your job type, the terms of your employment, and how you handle the situation legally.
Understanding How A DUI Affects Employment
A DUI conviction in Illinois has major consequences on present and future employment. Under Illinois law, the Illinois Vehicle Code, 625 ILCS 5/, a DUI is a serious criminal offense that results in the suspension or revocation of a driver’s license. As would be expected, in the case of those in commercial driving, the suspension of a license immediately affects such employment.
Apart from that, Illinois is an at-will state when it comes to employment. That means an employer can fire you at any time, without cause. This, however, does not necessarily mean that a DUI will immediately result in job loss. It simply depends on what the company’s policy is regarding criminal convictions. For some employers, there are strict policies when it comes to a DUI consequence, especially for those positions that require a clean driving license, or whenever heavy machinery operation, sensitive information access, or working with children is involved.
Can A DUI In Illinois Lead To Job Loss?
A DUI conviction in Illinois brings not only direct legal consequences, like fines, suspension of driving privileges, and possible incarceration, but also long-term action that may affect your job. While no statute requires termination of employment as a result of a DUI conviction, there are various factors affecting employment.
Nature of Your Job – The nature of your job may rely on driving, and driving privileges are suspended immediately upon a DUI conviction-which could make it illegal to continue performing your job duties. Suspension times and reinstatement terms under the Illinois Vehicle Code, 625 ILCS 5/, would certainly create problems in continuing to work at any job where driving is involved.
Employer policies – Most employers have policies on criminal convictions, which include DUIs. Depending on the employer’s policies, these may lead to disciplinary actions and job terminations, especially for those jobs that require a clean driving record or involve a high level of responsibility and trust.
Professional Licenses – Many professions that are subject to state licensure, such as healthcare, education, and law enforcement, have some rules regarding a DUI being a disqualifying action. The IDFPR regulates these licenses and doles out the sanctions, which include suspension or revocation of professional licenses in response to a DUI conviction.
Job Applications – A DUI conviction enters your public record, which employers may pull through when performing a background check. This, in turn, impacts future employment, particularly in fields where competition is stiff and considerations like integrity and reliability come into play.
Given these potential outcomes, it is important to seek the immediate assistance of an experienced DUI attorney who can help you through these potential life-changing issues.
Legal Consequences Of A DUI Conviction
When charged with DUI, it’s very important to understand what the law encompasses. A first-time DUI, under most circumstances in Illinois, is classified as a Class A misdemeanor that may be punishable by penalties of up to one year in jail, fines up to $2,500, and loss of driving privileges. The penalties for second or subsequent DUI, or a first offense with aggravating factors, are more serious and may include felony charges in certain circumstances under 625 ILCS 5/11-501.
A DUI conviction can also come up in background checks to affect future employment. This is because most employers will want a background check conducted before hiring you. A criminal conviction on your record can make it more difficult to pass pre-employment screenings.
Protecting Your Employment And Future
The best thing you can do to minimize the impact of a DUI charge on your job is to immediately seek legal assistance. An experienced DUI attorney will explain your rights, the possible results of your case, and ways to defend yourself. In some cases, an individual may even be able to contest the DUI charge based on improper stop or faulty breathalyzer results, which could result in charges being reduced or dismissed.
Moreover, a DUI attorney can help negotiate alternative sanctions that may reduce the impact on your driving privileges and, thus, your job. Options like the availability of an MDDP with a BAIID may enable you to continue driving under certain conditions tend to your livelihood.
Frequently Asked Questions About Illinois DUI And Employment
Will My Employer Know That I Have Been Arrested For DUI?
In Illinois, the state will not contact your employer after a DUI arrest. However, if you drive as part of your job, or if there is something in your employment contract requiring disclosure of an arrest, it is a possibility.
Can I Get Fired For A DUI Arrest Before Conviction?
While one can, theoretically, be fired for an arrest in an at-will state like Illinois, most employers draw a distinction between arrest and conviction. The outcome would be based on your company’s policy and the nature of your job.
What Would I Do If My Job Requires Driving?
If driving is an integral part of your job, it would be in your best interest to look at all the legal avenues that will allow you to continue driving. This might include filing for an MDDP during your period of suspension.
How Can A DUI Attorney Help Protect My Job?
A DUI attorney will assist in handling your case strategically in an attempt to lessen the charges, minimize the penalties, or even dismiss the case. This proactive legal support will go a long way in securing your employment status, especially in those jobs that have stringent licensure requirements or driving needs.
What To Do After Being Arrested For A DUI And Having A Professional License
Immediately retain a DUI attorney versed in both the criminal and administrative consequences of a DUI. Also, it is very important to reach out to your licensing board with respect to reporting obligations.
What Are The Initial Things I Can Do To Help Protect My Job?
Discuss your legal options with an attorney, report the matter to your employer if company policy requires you to do so, and be prepared to attend an administrative hearing related to your driving privileges.
How Can A DUI Lawyer Help If I’m Concerned I May Lose My Job Due To A DUI Arrest?
A DUI lawyer can mitigate some of the legal consequences of the arrest and have outcomes that would not necessarily need to be reported to employers in most instances depending on your contract of employment and company policy.
Will A DUI Conviction Show Up On Background Checks?
Yes, a DUI conviction will appear in criminal background checks that would impact current and even future employments until such time as it is expunged or sealed, depending on eligibility and proceedings.
How Our Chicago DUI Attorney Can Help
At Edward Johnson & Associates P.C., we understand the devastation a DUI can cause for your personal life and professional career. We are committed to providing aggressive legal representation to minimize the potential damage of a DUI charge. Our staff will exhaust all avenues in the defense of your case, from challenging the legality of the traffic stop to negotiating plea deals that may preserve your driving privileges and lower consequences.
You need an attorney to protect your rights if you’ve been charged with DUI. Contact our Chicago DUI attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our experienced legal counsel is ready to protect your legal rights and your professional future.