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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?

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Attorney answers 7


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

Philip Douglas Cave

Philip Douglas Cave


This would be an "incident" and could jeopardize a Top Secret clearance or SCI access, if you need those to do your job.


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.


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.


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).


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


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.

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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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