How a Florida DUI Conviction Affects Your Employment

A Florida DUI conviction can affect employment through background checks, the loss of a driver license, time demanded by the sentence, and rules for jobs that involve driving or a professional license. How much it matters depends on the job.

Jobs where driving is part of the work

The most direct effect falls on jobs that involve driving. A first DUI conviction brings license revocation of 180 days to 1 year, and repeat convictions bring far longer revocations, which can make delivery, sales, field service and similar roles hard to keep.

Commercial drivers face their own rule, because a DUI conviction disqualifies a commercial license for at least 1 year, even after an arrest in a personal car. Employers with company vehicles may also have policies or insurance requirements for employees who drive.

Background checks and what employers can see

Because a DUI conviction cannot be sealed or expunged in Florida and stays on the driving record for 75 years, it can appear in criminal background checks and driving record checks for a long time. Some employers check at hiring, and some check periodically.

Whether an employer can ask about a conviction, and what it can do with that information, depends on the employer, the job and the law that applies. Those are employment law questions, and an employment lawyer or the employer's written policies are the right sources for answers.

Time away from work during the case and the sentence

The case itself takes time. There may be several court dates, though in many misdemeanor DUI cases a lawyer can file a written plea of not guilty at arraignment and appear for the client at pretrial hearings, which can reduce time away from work.

A sentence also takes time. A first conviction includes 50 hours of community service and DUI school, possible jail, and probation with its own obligations. A second conviction within 5 years of a prior one carries at least 10 days in jail, which can be hard to arrange around a work schedule.

Licensed professions and sensitive positions

People who hold professional licenses, work in regulated fields or hold security clearances may face additional review after a DUI arrest or conviction. The rules depend on the specific licensing board, agency or employer, and they differ from one profession to another.

Because those rules come from outside the criminal case, it helps to get advice from someone familiar with the specific board or agency, alongside the criminal defense. DUI Lawyers Shield Firm handles the DUI case itself and offers a free case review.

Keep reading

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

FAQ

That depends on the employer, the job and the law that applies, not on Florida's DUI statute. Some employers act on an arrest, others wait for the outcome, and some roles have their own reporting rules. An employment lawyer or the employer's written policy is the place to find the answer for a specific job.

It can, mainly through background checks and the time demands of the case and sentence. Because a DUI conviction cannot be sealed or expunged, it may also come up in future job applications. The effect varies widely by employer and by field.

Not necessarily. Florida Rule of Criminal Procedure 3.180 governs when a defendant must be present, and in many misdemeanor DUI cases a lawyer can enter a written not guilty plea and appear at pretrial hearings for the client. Some stages, such as a trial, may still require attendance.

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