An Employee Telling His Employer About a DWI ArrestYou face a number of harsh penalties and long-term consequences if convicted of DWI in Charlotte. A possible jail sentence, fines, suspension of your driver’s license, and a permanent criminal record are a few. Another immediate worry that you may have is whether or not you have to disclose your DWI arrest to your employer and how this could affect your job.

Are You Required to Report a DWI Arrest to Your Employer?

Fortunately, it is not a requirement of most jobs that employees disclose a DWI arrest. However, there are a few situations when disclosing this information is required:

  • Employee contract or handbook. Some employers have a provision in an employee contract or handbook requiring employees to disclose certain criminal offenses. It is important to read the applicable contract or handbook sections to determine what offenses must be disclosed and whether the requirement is to tell the employer about an arrest or a conviction.
  • Certain jobs. Truck drivers, postal workers, air traffic controllers, and other employees who drive for their job may have a duty to disclose a DWI arrest to their supervisor for insurance purposes. In addition, individuals in the military must report a DWI to their chain of command.
  • Security clearance. Some security clearances require employees to report a DWI arrest. It is important to review the security clearance paperwork to determine if this is a condition of the security clearance.
  • Company car. Employers often require employees who drive a company vehicle to disclose DWI arrests because of insurance issues.
  • Professional license. Individuals who have a professional license, such as a doctor, lawyer, nurse, dentist, pharmacist, and real estate agent, may have to report an arrest for DWI to their licensing board. However, some licensing boards only require this when a license is issued or renewed.

Should You Disclose a DWI If You Do Not Have to?

It will depend on your individual circumstances on whether you want to voluntarily discuss your arrest with your supervisor or boss. If your company does periodic background checks on employees where this information would be discovered, you may want to be honest and tell your employer. This can allow you to discuss the circumstances of your arrest in the best possible light.

Have You Been Arrested for a DWI in Charlotte, NC?

If you are facing DWI charges, you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation.

 

C. Todd Browning
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Charlotte Criminal Defense and DWI Lawyer