
Crustys.
We've all had them. Whether it's a shrieking hag demanding her $0.15 off on an expired coupon, or a demanding diva who thinks that she can bully you into breaking the laws of physics, we've all looked longingly at a gleaming bottle of alcohol and thought, "soon."
The problem is the aftermath. Even if no accident occurs, you could suffer from the headache of being caught by the police. Suddenly, you're slapped with a DUI and carted off to the Drunk Tank to sober up. If it's your first offense DUI in California, or any other state, you probably feel like panicking; What do you do next? What happens?
Here's some advice:
1) Do you have a legal defense? Think about possibilities, especially if you are a very responsible drinker. You were at a party, asked for a non alcoholic drink, and someone decided it would be funny to spike your drink. What about going to your favorite restaurant? There is a medical condition called Candidiasis which has the side effect of turning carbohydrates (potatoes, pasta etc) into alcohol. If you suspect that this happened to you, get your doctor's diagnosis right away. Or you could have been mistaken about your prescription medication; you thought the initial side effects were over, only to find out that you were still impaired.
2) Challenge the traffic stop. A police officer needs to have “reasonable and articulate basis” to stop you in the first place, and then must give evidence for their belief that you were driving under the influence. This means that he/she has to give evidence that you were driving erratically (more than just weaving back and forth in your own lane, because, hey, potholes happen and lots of people prefer to avoid those). If the officer claims to have a "funny feeling," this is not a good reason for pulling you over. Once the officer has pulled you over, they must give further evidence: smelling alcohol on your breath, hearing slurred speech, and finding that your eyes were bloodshot. Even this is not enough: they need to give you a field sobriety test, which includes a breathalyser or a blood test. Walking a straight line or reciting the alphabet backwards isn't enough. Did the officer fail to do these?
3) Contact an attorney right away and discuss your options. Even though attorneys can be expensive, they could be the best thing for your record. There are two types of DUI charges, and it's always important to know the difference between a misdemeanor vs a felony DUI. Your attorney can help you reduce the charge. Check for attorneys in your area.
4) What about my job? In general, there's no legal requirement for telling your boss about a DUI unless you drive a company vehicle and have a contract saying you need to report them. In this case, companies may request a three-year driving record.
5) Which jobs could be affected by a DUI? Any career that requires you to have a commercial driver's license requires you to notify your employer, usually within 30 days of the conviction. Keep in mind that a DUI can affect a number of job fields. A few of these job fields include:
- Truck Drives
- Chauffeurs
- Bus Drivers
- Taxi Drivers
- Delivery Drivers
- Train Engineers
- Pilots
- Military Personnel
- Jobs Requiring a Security Clearance
- School Teachers
- Military status jobs
- Truckers
- Taxi drivers
6) Will I lose my job if I get a DUI? Unfortunately, there is no guaranteed yes or no answer; it will all depend on your employer. That's why it's always wise to talk to your attorney before you tell your employer. Never assume that you are in the clear simply because you didn't have to tell your boss.
7) How could getting a DUI affect my job? One of the consequences of getting a DUI is losing your driver's license, or getting restrictions placed upon it, for a predetermined number of days. This can have a big impact on your job. It can also impact your ability to get to work, and having to go to court on a normal workday could be treated as an unexcused absence.
Depending on your employer, the company may do background checks on its employees on a regular basis. Consent to this would have been signed when you first joined the company. Go over your company handbook to see if this is a risk.
You should also talk to your union or Human Resources department. You may have to admit to pending charges, but also keep in mind that these charges will be a matter of public record, and your company can still find out about them during a background check.
8) What if I'm currently job hunting and get a DUI conviction? Then you will have to check "yes" on any application where it asks if you have been convicted of a crime. Your employer may deny your employment based on this or any background check. Be advised that you should never lie. Honesty and openness can earn trust from a prospective employer, and you may be given the opportunity to prove your value to the company. By also being open about the driving classes you took, and about how you have changed since then, an employer may be more willing to give you a chance.
8) How can I protect myself from being wrongfully terminated? It can be difficult to stave off the stigma that comes with being slapped with a DUI. Your first task is to get yourself in the right mindset: be proactive, show that you're not going to repeat the mistake, and do your best to minimize any damage that came from it. Talk with a DUI attorney, who can give you advice on protecting your job as well as handling the legal repercussions.
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