As we recently discussed, if you are facing a DUI in Pennsylvania, one of the risks you are facing is the loss of future job opportunities. But how much of a concern is this, really? Do you really need to be concerned about your job prospects in the future? Or is this just something that, while technically a concern, isn’t likely to impact you personally?
Consider this, which Cornell University published earlier this year:
“A recent analysis found that 92% of employers perform criminal background checks during the hiring process. . . . This can range from a simple criminal history search to a more thorough investigation involving civil records, asset and bankruptcy records, credit reports and driving records, especially for sensitive or high-level positions.”
As this makes clear, the vast majority of employers conduct some form of background screening—with the majority of these screenings involving a review of job applicants’ criminal histories. Since driving under the influence (DUI) is at least a misdemeanor in Pennsylvania, a conviction will show up on a simple criminal history search, and this could be enough to convince prospective employers to consider other candidates.
Why Employers Often Refuse to Hire Individuals with DUI Convictions
Employers may refuse to hire someone who has a DUI conviction on their record for various reasons. Some examples of reasons why an employer might choose not to hire someone who has a DUI on their record include:
- Common Perceptions About People Who Get DUIs – Many people have preconceived notions about what it means to get a DUI. Even if you made a one-time mistake that you would never make again, prospective employers may see your DUI as a red flag. Some employers may also have concerns about your DUI coming to light and being a concern for the company’s clients or customers.
- The Availability of Job Candidates Without DUIs – These days, many job opportunities are more competitive than ever before. If a prospective employer has plenty of qualified candidates to choose from, it may focus solely on evaluating applications from candidates who do not have a conviction on their record.
- Concerns About Reliability and Judgment – Drunk driving convictions can also raise concerns about job applicants’ reliability and judgment. If a prospective employer views your DUI as a sign that you might not be reliable or that you might be prone to making poor decisions, this could stand in the way of securing desirable job opportunities as well.
- The Need to Drive on the Job – If you are applying for jobs that will require you to drive during work hours, a DUI conviction will likely be a non-starter for many companies. This is true whether you have a commercial driver’s license (CDL) or you will be driving to jobsites or running errands on the clock.
- Professional License-Related Concerns – If you have a professional license, a DUI conviction could impact your professional credentials as well. Even if you are not facing a suspension (or you have already served your suspension), having a previous disciplinary action on your record could increase your risk of losing your license in the future—and this may be a risk that prospective employers aren’t willing to take on.
Simply put, in many cases, employers won’t take risks if they don’t need to do so. If an employer has a choice between hiring someone with a criminal record and hiring someone without one, hiring the job applicant who doesn’t have a criminal record will be the safer option in most situations.
Options for Avoiding the Job-Related Consequences of a DUI Conviction in Pennsylvania
If you lose job opportunities because of your DUI arrest, your conviction could impact your finances for the rest of your life. With this in mind, what can (and should) you do to try to avoid the job-related consequences of a DUI conviction? Depending on the circumstances of your case, your options may include:
1. Accelerated Rehabilitative Disposition (ARD)
Accelerated rehabilitative disposition (ARD) is an option for qualifying first-time DUI offenders in Pennsylvania. If you are eligible for ARD and you decide to enter the program, you will have to meet a series of requirements. However, if you complete the requirements of the ARD program successfully, your DUI charge will be dismissed without a trial.
As a result, ARD can be a good option for eligible first-time offenders who do not have strong defenses to their DUI charges. If you can avoid a DUI conviction (and the consequences that come with it) by entering into an ARD program, this could be your best option for avoiding the employment-related consequences of having a DUI conviction on your criminal record.
2. Negotiating a Plea Bargain
If you are not eligible for ARD, you may be able to avoid a DUI conviction by negotiating a plea bargain that reduces your charge to reckless driving (commonly referred to as a “wet reckless”). While this will still show up on your driving record, having a summary offense on your driving record is far less serious than having a misdemeanor conviction on your criminal record.
Seeking a plea bargain in a DUI case requires a strategic approach and the ability to communicate with prosecutors effectively. As a result, it is important to have an experienced DUI defense lawyer on your side. When you hire an experienced DUI defense lawyer to represent you, your lawyer will be able to provide a comprehensive assessment of the options you have available.
3. Fighting Your Pennsylvania DUI in Court
Of course, you can also fight your Pennsylvania DUI in court. If fighting your DUI is your best option for seeking to protect your future, you will want to work with an experienced DUI defense lawyer who can challenge the prosecution’s case by all means available. To ensure that you are giving yourself the best possible chance of success, you should consult with an experienced lawyer as soon after your arrest as possible.
Schedule a Free Consultation with Stroudsburg DUI Defense Lawyer Brian C. Jordan
If you are facing a DUI in eastern Pennsylvania, we encourage you to contact us promptly for more information. Call 570-373-9343 or contact us online to schedule a free consultation with Stroudsburg DUI defense lawyer Brian C. Jordan today.