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Do I need to inform my employer I was in jail for a DUI. I posted bail and am waiting to appeal the charges

Macon, GA |

I was pulled over last night for a DUI, I intend to get an attorney and fight this charge because I am young with a bright future and I do not need this on my record for the rest of my life. Do I need to inform my employer about last nights screw up if the charges are pending and my court date is not until early April?

Attorney Answers 5


  1. That is one of the questions you should ask the attorney when you meet. Generally, you are not required to notify an employer of a criminal charge. If, however, you have a company policy that requires notification that may change things. My suggestion is that you not talk to anyone about this until yo talk to your lawyer. Your lawyer can then advise you.

    Wayne R. Foote, Esq.
    Board Certified OUI Defense Law Specialist
    by the National College for DUI Defense, Inc.
    Law Offices of Wayne R. Foote, PA
    344 Mt. Hope Ave
    Bangor, ME 04401
    (207) 990-5855
    (207) 990-5858 (fax)
    www.lawyersmaine.com
    "Injustice anywhere is a threat to justice everywhere." M. L. King, Jr.

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.


  2. I agree that you need to consult with your employee handbook. If it mandates that you disclose this, you should definitely tell your employer. Often, I have found that employers are willing to look past a first-time indiscretion assuming that the employee promptly came forward and disclosed the DUI.

    Keep in mind, even if you are not required to disclose the arrest, many newspapers post criminal citations weekly in their 'police blotter' section. Additionally, anyone can look up your Pennsylvania arrest history at the Pa UJS website. So, your employer may find out anyway.

    I invite you to use the links available on this page to locate my avvo.com profile and CONTACT ME AT MY OFFICE for a personal consultation, because the information provided in the above answer is not legal advice, nor is it intended to be legal advice. It is general information that is incomplete and may not specifically apply to your particular circumstances, so you should not act upon it until discussing your situation with an attorney. My website is www.nashlawoffice.net


  3. I always advise my clients to look into their employee handbook and/or company guidelines. If it requires you to report the arrest, do so promptly. If don't report it, then that could in of itself be grounds for firing you. Do not, however, discuss the case with your coworkers, this could negatively affect your reputation. I found employers routinely work with employees on these type of matters. A DWI does not reflect on you trust worthiness as an employee, like a larceny, fraud, or violent crime would. Discuss this with your attorney but I always believe in being candor and forthright with your employer.

    Attorney Gregory Spink is licensed in North Carolina, with a focused practice in Mecklenburg and Gaston Counties. Nothing is intended in this post to serve as legal advice. It is my opinion based on studying the law and passing the Bar Exam and should not be construed as legal advice. You should always contact a local attorney, who is familiar with local rules. Each case must be judged on a case by case basis with all evidence being reviewed by a licensed attorney. Nothing in this post should be construed as creating an attorney and client relationship.


  4. Unless your employer has some requirement that you keep them informed of any criminal offenses as a condition of your continued employment, I don't think you need to inform them of your arrest. This may sound a bit cliche, but you are innocent until proven guilty and telling your employer may do you more harm than good at this early phase of the proceedings.

    CAVEAT: If your job requires you to drive and you were served with an administrative suspension form upon your arrest (DPS 1205 form), your right to drive could impact your ability to continue your current work responsibilities. Did you refuse the intoxilyzer test or did you blow over a .08? If either of these situations applies to you, you likely are also facing an administrative license suspension - if you wish to save your license while the DUI charges are pending, you need to notify the department of driver services that you wish to contest the administrative suspension of your license and request a hearing on the matter. That hearing request needs to occur within 10 days of your arrest date.

    Bottom line - you need to get in touch with an attorney as soon as possible to preserve all of your rights as the case is pending and put up the best defense you can to either acquit you of the charge or get the DUI charge reduced to reckless driving.

    I'd be happy to answer any further questions you may have, however I do not handle cases as far south as Macon.


  5. I would advise you to consult your employee handbook for any requirement to report an arrest or criminal charge. If your company doesn't have a handbook that requires reporting then it would appear that the company wouldn't require such a disclosure. if you are required to drive as a prerequisite for your job -- you should make sure you have properly responded if an ALS (DDS form 1205) was filed. Remember, you only have 10 business days to file a request for a hearing and send $150 to the state or your license will be suspended. I would advise you to retain the best DUI attorney that is available to you ASAP- as time could be of the essence! Good Luck!!

    The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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