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Can You Lose Your Job for a DWI in Texas?
One of your biggest worries after being charged with DWI – and rightfully so – could be whether your employer can fire you because of the charges or in the event you are convicted. Unfortunately, the loss of employment and difficulty obtaining employment are often byproducts of DWI convictions. You may wonder whether your Texas employer can legally terminate your employment for a DWI conviction.
The answer depends on a number of things. If your job depends on your ability to drive, then you are likely to be terminated before you are even convicted of DWI. A CDL holder, or a person who must drive as a condition of his or her job, is unlikely to receive much consideration following DWI charges. If your job does not depend on your ability to drive, you can still be legally fired in most cases for a DWI conviction.
There is no Texas policy or law that prevents terminating your employment for a criminal conviction, although some union and government employees may have more protection. Whether you will be fired from your job may depend on whether you are sentenced to jail, how vital you are to your employer, and whether you can successfully "explain" your DWI. The best thing you can do for your future is to speak to a knowledgeable Weatherford, TX DWI lawyer.
Which Types of Employment Are More Likely to Terminate a Worker Charged with DWI?
The first question you should consider is whether your employer will even know that you have been charged with DWI. There are essentially only two ways your employer could learn of your DWI charges. Either you would tell your employer, or your employer would find out when performing a criminal background check or driving record check as part of your continuing employment.
Since you would probably not tell your employer about DWI charges, a background check is more likely to reveal your DWI. Most employers never find out about DWI charges, but a conviction could be a different thing. If your job involves driving or operating machinery, your employer’s insurance is unlikely to allow them to keep you on. You would face a similar challenge in any role where safety is an issue.
If you are a truck driver who has been convicted of DWI, you will lose your commercial driver’s license, and your employer will have little choice but to terminate your employment. If you work with children or vulnerable adults and your employer finds out about the DWI charges or conviction, you will likely be let go. Teachers, therapists, daycare providers, and those who work with senior citizens and adults with special needs may not be able to keep their jobs following a DWI conviction.
If you are convicted of DWI and have a job that involves financial assets or sensitive data, the DWI might be considered a crime of moral turpitude and used to terminate your employment. If you have been working toward a professional license, your application will likely be rejected with a DWI conviction on your record. If you already have a professional license, a DWI conviction could place your license in jeopardy.
Avoiding Termination for a DWI
The best way to avoid employment termination in response to a DWI conviction is to avoid the conviction. An experienced DWI attorney may be able to negotiate with the prosecutor to have your DWI charges reduced or dropped, or to get you into a diversion program or a deferred adjudication program. Depending on your relationship with your boss, it might be best to be upfront about your DWI charges or conviction, then apologize and let your boss know it was a one-time error in judgment.
Contact a Parker County, TX DWI Lawyer
If you are facing DWI charges, the sooner you speak to a Weatherford, TX DWI attorney from Soraya Joslin, P.C., the better chance you will have for the best possible outcome. Attorney Joslin served as an ADA for several years. This experience enables her to maintain good relationships with local prosecutors and judges and to understand how the criminal justice system operates from both sides. To schedule your free consultation, call 817-599-7005.
Free Consulations Call 817-599-7005
From our office in Weatherford, we represent clients in communities throughout Parker County, Wise County, Jack County, Eastland County, Johnson County, and Hood County, including Willow Park, Hudson Oaks, Springtown, Mineral Wells, Briar, Azle, Decatur, Bridgeport, Jacksboro, Cleburne, Keene, Joshua, Burleson, Alvarado, Granbury, Oak Trail Shores, DeCordova, Pecan Plantation, Eastland, Cisco, and Ranger.
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