Getting arrested for a DUI can be frightening, stressful, confusing, and downright embarrassing. Many people often wonder if they need to tell their boss about an arrest.
In most cases, employees do not have to tell their employers about an arrest. Unless you are convicted of the crime, it is not mandatory to disclose this information.
However, you may have to notify your employer based on the following reasons:
- Contractual obligation – If your contract states you are required to tell your employer about an arrest, then you must adhere to the agreement. Breaching an employment contract could mean penalties, such as suspension or even getting fired.
- You operate a commercial vehicle – If you possess a commercial driver's license (CDL) or drive a company vehicle, you are typically required to report traffic arrests. The reason being that your boss could be civilly liable for any accident you cause. In the event of a crash, if the court proves that your employer knew or should have known about your drunk driving charge and allowed you to continue driving, your boss will be held accountable for any injuries to third parties.
- You have a professional license – When professionals such as doctors, realtors, and teachers must review their license, they are required to report any arrests. Then it will be up to the licensing board to decide whether you are eligible for renewal. Failure to disclose any arrests can result in termination of your license if the board later finds out.
Keep in mind, California is at “at-will employment” state, meaning an employer can terminate an employee for no reason whatsoever (unless it is due to discriminatory or retaliatory purposes).
While you may avoid telling your employer until the outcome of your case, it may be in your best interest to do so. Remind your boss of all the hard work you give to the company and avoid making a decision until the legal process plays out.
But first, you should discuss your case with an experienced criminal defense lawyer prior to notifying your boss.
For more information about our DUI defense services in Ventura County, contact Wilfert Law P.C. and schedule a free consultation today.