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School district employee and being arrested for under the influence

San Jose, CA |

whats the law

Attorney Answers 3


Your question is very vague. The criminal law is depends on whether you were arrested while driving or out in a public place. Either way, if you don't fight it, you will have a criminal record. If your question is how does that relate to your employment, the answer varies. It depends on what you were under the influence of, what you were doing at the time, were you working or not when under the influence and a whole host of other facts. In a generic sense, if you were under the influence at work, you will probably be fired without recourse. Depending on your job and other considerations, an arrest for being under the influence off the job may or may not lead to your firing.

Legal disclaimer: Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of the law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for adviceThis response does not constitute or make an attorney-client relationship as it is made for general purposes; answering attorney does not possess enough information to inform recipient of the applicable statute of limitations. You may also contact Mr. Hiden at (619) 296-5884 or by email at ""

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To Mr. Hiden's very comprehensive response let me add the additional potential issue of professional discipline against the credential/license if the employee is a credentialed teacher or holder of another State license (psychologist, school nurse, etc.)

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The question is obviously vague and incomplete as my colleagues pointed out. If you are a "school district employee" then you may have a union that will provide an attorney for you in any employment discipline/termination hearing. However you will have to hire an attorney to fight any criminal portion of this case. I am local and offer a free consultation. Good luck

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