Are There Job/Work Restrictions Based on Your DUI Record?

Yes, there may be job or work restrictions if you have a DUI conviction in Arizona. A DUI on your record can negatively impact your job and employment opportunities. Employers in Arizona are permitted to do a background check, which can inform them if you have a DUI on your record.

Some employers may reject you as an applicant because of a DUI conviction.

Examples of jobs you might have trouble getting with a DUI conviction include:

• Rideshare driver (such as Uber and Lyft)
• commercial driving jobs (truck drivers, delivery drivers, etc.)
• Military (unless you obtain a DUI waiver)
• Teachers
• Doctors
• Law enforcement
• Government contractors

Having a single DUI may not completely preclude you from some of those jobs. You may still be able to get a medical license if you’re a medical student or be a teacher, but a DUI can raise red flags and make your ability to enter those professions much more difficult.

Many job applications will directly ask if you have a felony conviction and request that you explain it. You can choose not to disclose a DUI conviction, but it will appear in a background check. While some employers may not explicitly have a policy against hiring people with DUI convictions, they may choose to hire a competing candidate without one on their record.

A DUI can be charged as a felony or a misdemeanor, and the severity of the conviction may also influence how your career could be impacted.

Is It Illegal to Discriminate Against People with DUIs?

Arizona is an at-will employment state. This means that employers are permitted to fire employees at any time without cause except in prohibited situations. If your job has a valid reason that a DUI would impact your ability to perform your job duties, or that a DUI conviction indicates you’re a potential security or reliability risk, you can be let go or face restrictions during hiring.

Facing restrictions on your job or work due to a DUI conviction can be debilitating to your career. We know that it can be frustrating to lose out on jobs due to a DUI conviction on your record. Entrusting your case to a professional DUI lawyer in Arizona may help you avoid a DUI conviction after arrest.

A DUI Can Be Charged as a Misdemeanor or a Felony

A misdemeanor may have a less negative impact than a felony on your job and work, depending on your profession.

Having a felony DUI conviction on your record tells employers that you have committed one or more of the following:

• Had several DUI convictions
• Had a DUI with a suspended license
• Had a child with you in the car
• Violated the rules for using a court-ordered ignition interlock device
• Got a DUI while driving the wrong way on the highway

Being convicted for any of those things may raise significantly more concerns for employers than a misdemeanor DUI conviction.

In education, healthcare and financial professions, a DUI may be seen as a bigger issue because it could result in loss of license or suspension of a license which is necessary to perform the role. While some licensing agencies cannot legally refuse to provide a license to a professional with a DUI conviction (unless the offense is directly related to the profession, like a CDL), someone who is licensed and receives a DUI conviction will be legally required to report their arrest to the licensing board. This can result in suspension and possible revocation.

The Civil Rights Act of 1994

There are some employment protections in place for people with DUI convictions on their records.

Title VII of the Civil Rights Act of 1964 prohibits employers from blocking potential employees with misdemeanor or felony convictions unless the employer has a compelling business reason to do so. This includes DUI charges.

However, job applications may include a portion to self-disclose past convictions and employers are allowed to run background checks on applicants. While you cannot legally be turned away for having a conviction on your record, you can risk employment by being dishonest on your application. Some employers require disclosure about felonies but not misdemeanors, so you may not be required to disclose a DUI conviction. Even if not reported on an application, a misdemeanor DUI will still appear on background checks.

Restrictions for Professions that Require a Fingerprint Clearance Card

Some professions, such as bus drivers and educators, require a fingerprint clearance card to show that the holder doesn't have any criminal convictions. In the case of a DUI or other offense, the card may be suspended or revoked, which can restrict future employment opportunities and potentially threaten current employment.

Does a DUI Stay on Your Record Forever in Arizona?

In Arizona, a DUI conviction will stay on your record forever. While there is no method of removing the criminal offense from your record, (e.g., expungement,) you can have the offense “set aside” if all terms of the DUIs sentence have been met and it is not a recurring incident.

Getting Your DUI Set Aside

If you’ve met all the terms of your DUI, you can file a motion to have your DUI set aside. The terms generally include:

• Fine payment
• Serving time or completing the probation period
• Completion of any court-mandated programs

This can reflect favorably on your report and, in some cases, may remove the DUI conviction from basic background checks for employment. When your DUI conviction is set aside, you also can re-establish rights that were lost as a result of the conviction, such as the right to vote or possess firearms.

Contact a Phoenix DUI Lawyer if You Need Assistance Having a Past DUI Conviction Set Aside or Help Fighting a DUI Charge

Having a DUI conviction on your record can create difficulty in obtaining or maintaining work, however, an arrest does not equal a conviction. The Law Office of Michael Alarid aggressively advocates for clients who are facing DUI charges.

Contact us at 602.818.3110 to see how we can help.