DOES DUI or DWI AFFECT EMPLOYMENT ? : Howard County, Maryland Update

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 Charles Jerome Ware, Attorneys & Counselors, LLC, is a Columbia, Howard County, Maryland-based  national boutique law firm.  For an initial, confidential and courtesy consultation with Attorney Ware or his associates, contact us at charlesjeromeware@msn.com,  (410)  730-5016  or (410) 720-6129.


Question:  How does a DUI or DWI affect a person's employment ?
ANSWER :   It depends.
                 
                 A conviction for driving under the influence of alcohol (DUI)  or  driving while intoxicated (DWI), or driving under the influence of drugs ( DUID),  does not necessarily preclude an otherwise qualified candidate from employment nor an otherwise good employee from continued employment. It depends on the job, the employee and the employer.
                 An employer my, however, inquire further into the circumstances of the charge, what the employee or job candidate has done to mitigate the circumstances of the arrest and conviction, and how future arrests or convictions may affect the person's employment status.  Employees who drive for a living (such as individuals with a Commercial Drivers License (CDL)) are particularly vulnerable, and my be unable to gain or maintain employment with a DUI or DWI due to the increased cost by employers to insure the employee with this type of criminal history. In many circumstances, drivers with a CDL could lose it. Of course, for a valued employee the employer may opt for changing the employee's duties and responsibilities to  those which do not require or involve the operation of a vehicle, aircraft or watercraft.


                   The relatively unique concept of  at-will employment is important in the context of a DUI or DWI, because it allows the employer to terminate the employee for virtually any or no reason, with the exception of certain Federally -mandated causes of action such as discrimination, retaliation, etc. Federal law does protect certain potential job candidates from discrimination based on certain  prior convictions.  Employees under an employment contract also may be terminated if the terms of employment are dependent upon the employee avoiding criminal arrests and convictions.


              Here in Maryland, and particularly in Howard County where many high-security federal employees and federal contractors live and work, the risks for job termination of DUI and DWI employees are probably higher than anyplace else in the United States. High-security jobs require thorough and stringent background checks and employee behavior.