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Will my first DUI affect my job as a software engineer?

San Jose, CA |

I was charged for DUI first time. Will it affect my software engineer position? I had a back ground check before I was employed. I'm not certain if they run background check regularly or not. I just started my career and really don't want this FUI to affect my career. What if it ends up with wet reckless or dry reckless?

Attorney Answers 7


  1. Without any other information the answer is generally not unless you need a
    high security clearance


  2. It is tough to say based on the information you have provided. You should speak with an experienced DUI lawyer to get a complete picture. Many of us on Avvo provide a free consultation.


  3. It is not likely to affect your career unless their is security clearance and/or your California Drivers License is a job requirement. A dry reckless is always better than a DUI or wet reckless because it is not priorable as a DUI and does not suggest any substance abuse but I am not sure the charges will make a difference on your job- they would probably only care about whether or not there is a conviction not the charge and your job may, if you are lucky, only care about a felony, not misdemeanors like DUIs, etc. Lots of people out there with good jobs have DUIs, just don't make it a habit and things should work out fine for you. Good luck.


  4. I agree with the answers already provided. Additionally, if your job requires you to travel out of the US, a conviction could cause you to be denied entry into another country (Canada, for example).


  5. Whether a DUI conviction will affect your job entirely depends on your employer's policies and practices. Some employer's human resource departments do conduct periodic background checks, others only conduct the initial background check, still others will only conduct a background check if they want to terminate you (for some other reason) and will use information of the DUI conviction as one the basis essentially as a pretext to terminate. A wet reckless may or may not be treated any differently by your current employer as a standard DUI conviction. The bottom line is you need an attorney to fight this DUI and possibly go to trial to avoid any conviction.

    For a Free Consultation Call: 408.313.5607


  6. Some employers have a mandatory self-report policy that requires employees to notify the employer of any arrest or any conviction within a specified time after the event. Check your Employee Handbook to determine if this is the case in your employment. Such reporting policies are lawful in most employment circumstances.

    Absent a self-report policy, your employer can terminate you for the DUi or for anything else that is not based on your race, religion, national origin, etc. In other words, if you are an at will employee (no union, no employment contract) you can be terminated for any reason, for no reason, for a wrong reason. But the law does not require your employer to terminate you based on a DUI.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  7. Unless you have an employment contract or a "company policy" to report-you are innocent until proven guilty.
    I that this will effect your job unless you have a job that requires you have a license.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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