Will My Employer be Notified of My DUI?

It’s a common question, usually asked in a timbre of fear: will my employer be notified of my DUI arrest or conviction?

In this blog post, we’ll provide clarity on this issue, exploring the circumstances under which employers may be notified of a DUI and offering practical advice for individuals navigating this challenging situation. Join us as we dive into the complexities of DUI disclosure to employers and provide valuable insights to help you protect your rights and livelihood in the face of a DUI charge or conviction.

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DUI in Georgia: Understanding the Basics

Before discussing whether your employer will be notified of a DUI, it’s essential to understand the difference between a DUI arrest and a DUI conviction, as they are two very different things.

A DUI arrest happens when law enforcement officers apprehend someone on suspicion of driving under the influence of alcohol or drugs. At this point, there has been no formal conviction, and the person is presumed innocent until proven guilty in a court of law.

In contrast, a DUI conviction occurs when an individual is found guilty of driving under the influence by a court of law. This usually follows a trial or plea agreement where the person admits to the offense or is found guilty by a judge or jury.

Reporting a DUI Arrest in Georgia

In Georgia, there is no legal requirement for individuals to report a DUI arrest to their employer unless specifically requested to do so by their employment contract or company policy. However, some employers may have policies in place that require employees to disclose any arrests — including DUIs — as part of their employment agreement.

Reporting a DUI Conviction in Georgia

Similarly, Georgia law does not mandate that individuals report a DUI conviction to their employer unless such reporting is required by their employment contract or company policy. However, certain professions, such as commercial drivers, may be subject to federal regulations that mandate reporting of DUI convictions to their employer or licensing agency.

Will My Employer Be Notified of My DUI?

Whether your employer will be notified of a DUI arrest or conviction largely depends on your employment contract, company policies, and the nature of your profession. In many cases, employers may not be automatically notified of a DUI unless it directly impacts your ability to perform your job duties or violates company policies.

The decision to notify your employer of a DUI arrest or conviction in Georgia is typically guided by your employment contract, company policies, and the nature of your profession. While there is no legal requirement to report a DUI arrest or conviction in most cases, it’s essential to review your employment agreement and consult with legal counsel to understand your obligations and rights.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Mandatory Reporting of DUI Arrests and Convictions

In many professions, reporting a DUI arrest or conviction is not just recommended but mandatory. Healthcare professionals, for example, including doctors, nurses, and pharmacists, are often held to rigorous standards of conduct and ethics. State licensing boards typically require the disclosure of DUI arrests and convictions as part of the licensure renewal process, and failure to report can result in disciplinary action.

Similarly, law enforcement officers, such as police officers, sheriff’s deputies, and other law enforcement personnel, are usually required to report any criminal charges, including DUI arrests, to their employing agency. Not reporting such incidents can lead to disciplinary measures or even termination of employment.

Military personnel are also subject to specific reporting requirements under the Uniform Code of Military Justice (UCMJ), which governs their conduct. DUI arrests and convictions must be reported, and commanding officers may initiate disciplinary or administrative actions in response to these incidents.

In Georgia, certain occupations have mandatory reporting requirements related to DUI arrests and convictions, significantly affecting individuals’ careers and professional standing. It is crucial for those in such roles to understand their obligations and rights, seek legal advice when necessary, and proactively address any DUI-related issues.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

DUI Defense Strategies

With the right defense strategies, it’s possible to challenge the charges and protect your rights. Below are some of the most effective defenses used in DUI cases in Georgia, offering insights to help you build a strong defense and achieve the best possible outcome for your case.

Lack of Probable Cause

One of the most common defenses in DUI cases is challenging the officer’s basis for initiating the traffic stop and subsequent arrest. Under Georgia law, law enforcement officers must have reasonable suspicion or probable cause to stop a vehicle and conduct DUI investigations. If the officer lacked probable cause or violated your constitutional rights during the stop, it may be possible to have the evidence obtained as a result of the stop suppressed.

Field Sobriety Tests (FSTs) Challenges

Field sobriety tests (FSTs), such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) test, are commonly used by law enforcement to assess impairment. However, these tests are subjective and can be influenced by various factors, including medical conditions, environmental conditions, and officer bias. Challenging the reliability and validity of FSTs can be an effective defense strategy, particularly if the tests were administered improperly or the results are inconclusive.

Breathalyzer Accuracy

Breathalyzer tests are often used to measure blood alcohol concentration (BAC) in DUI cases. However, breathalyzer results can be affected by various factors, including calibration errors, machine malfunctions, and improper administration. Challenging the accuracy and reliability of breathalyzer results can be a viable defense strategy, particularly if there are discrepancies between the breathalyzer reading and other evidence of impairment.

Rising Blood Alcohol Defense

The rising blood alcohol defense asserts that the defendant’s BAC was below the legal limit at the time of driving but rose to an illegal level by the time the breath or blood test was administered. Factors such as the absorption rate of alcohol, the timing of consumption relative to driving, and individual metabolism can influence BAC levels over time. Presenting evidence to support the rising blood alcohol defense can be a compelling strategy in DUI cases.

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Your DUI Defense Team

Will my employer be notified of my DUI? The answer is a complex issue that depends on various factors, including your employment contract, company policies, and the nature of your profession. While there is no universal requirement for employers to be notified of DUI incidents, certain occupations may have mandatory reporting requirements that can impact your employment.

If you’re facing a DUI charge and are concerned about the potential implications for your job and future, don’t face it alone. Our experienced DUI attorneys at Willis Law Firm are here to provide the guidance, support, and aggressive defense you need to protect your rights and achieve the best possible outcome for your case.

Contact us today for a confidential consultation. Your future is our priority, and we’re committed to fighting for you every step of the way.