A DWI conviction can affect both your personal and professional lives in profound ways. You may face jail time, pay exorbitant fines, and have to comply with strict probationary terms. That’s aside from the time you’ll have to spend away from work to meet numerous court dates.
However, if you were recently charged with a DWI, your employer may fire you and, if you’re in certain professions, such as being a healthcare provider, airplane pilot, or commercial driver, you may lose your professional license.
Continue reading for more details.
What Does Texas Law State?
Under Texas law, all employers have the legal right to fire any employee for any reason, including a DWI arrest or conviction. In other words, there’s no law or policy that can prevent your employer from terminating you unless it’s specifically written in your employment contract prohibiting the employer from doing so.
In the large majority of cases, you may be fired simply for being arrested since you pose a potential risk to the reputation of the company. If you are found guilty of a DWI and are sentenced to prison as part of your punishment, you will likely be dismissed from your job. Your employer isn’t legally obligated to hold your job in the meantime.
Employers have the right to make exceptions. If you have a seamless track record for the most part and have been a star employee, some employers may be more lenient. But legally, they owe you nothing. Depending on the job, some employers may later give you your job back on a probationary period if they feel that you’ve learned a lesson.
In the end, hiring an attorney to fight for your rights is better than accepting a conviction that would send you to jail and cause you to lose your job.
What Increases the Risk of Getting Fired for a DWI?
If your job requires a professional license, such as to work as a pilot, healthcare worker, or professional driver, that license will also be in jeopardy.
Impact of a DWI on Pilots’ Licenses, Transportation Personnel and Military Personnel
If you are a licensed commercial or private pilot, a DWI can cause you to be declined accident insurance coverage. Without this important coverage, your employer is at risk and will likely let you go. In addition, the Federal Aviation Administration will likely sanction you even if your DWI is dismissed, but your license will probably be suspended anyway. The FAA unfairly presumes that you are guilty (unlike the courts, where you are presumed innocent) if you are charged with a DWI.
If you work as an air traffic controller, for the railroads, or in maritime vessel operations, you will likely be terminated. If you serve in the military, your DWI could prevent you from advancing in your rank or—even worse—could get you discharged from service.
Impact of a DWI on Education and Professional Licensing
A current DWI or DUI (for minors) can impact both current and future education opportunities. Not only can it prevent you from obtaining some professional licenses, but it can also bar your admission from professional schools and universities like medical or law school. If you are already attending a college, university, or other educational institution, it can prevent the school from issuing you a license after graduation.
Impact of a DWI on Medical Licenses
As a medical professional, whether a doctor or nurse, getting arrested for a first-time DWI won’t result in your medical license being suspended or revoked, but the Medical Board will launch an independent investigation to determine whether the DWI affects your conduct at work, in accordance with the Medical Practice Act. The board’s licensing boards lack jurisdiction to penalize you for a DWI offense on its own if it is not a felony (first-time DWIs are misdemeanors) or not a crime of moral turpitude. Under the same act, licensing boards must investigate.
The object of the investigation is to determine whether any of the following were involved simultaneously with the DWI:
- Unprofessional conduct, which includes abuse of alcohol or drugs;
- Endangerment of a patient’s life;
- Drug or alcohol addiction; or
- Impairment to the extent that duties as a medical professional/doctor could not have been performed.
Upon the findings of the investigation, the Medical Board will determine whether the doctor should be disciplined or if his or her medical license should be restricted, suspended, or revoked. Nurses are held to similar standards when it comes to DWI arrests and convictions.
Impact of DWI on a Commercial Driver’s License
If you are a truck driver, taxi or Uber driver, or limo driver who has a commercial driver’s license (CDL), your license will be suspended if you are arrested for a DWI, and you will not be able to legally drive a commercial vehicle. If you have a full-time position, that means termination or suspension until your license is fully restored. Since you have a CDL, your license is suspended for a longer period than someone else (who is not a professional driver) if you have a DWI conviction.
Impact of a DWI on Those Who Work in Law Enforcement
If you have a job with the government or are a police officer (yes, police officers are often arrested for DWI), you are held to a much higher standard than the general public. Many departments have a zero-tolerance policy for peace officers arrested for DWI and consider such behavior to be a blemish on their reputation. If you are a police officer, you will likely be fired—especially if you, during your arrest (which will likely be video recorded on a bodycam), you resist or try to leverage your position as an officer to get out of the charges.
Recommended Read: What to Expect If You’re Caught Driving with a Suspended or Revoked License in Texas
How Can I Keep My Job?
There’s no guarantee that you will be able to keep your job if you’re charged with a DWI. However, with a tenacious lawyer, you may have hope. If you partner with an experienced, trained, and detail-oriented DWI attorney, he or she can mount an aggressive defense on your behalf. If you are found not guilty or your charges are dismissed, you can make a stronger case for keeping your job or getting it back.
If you were recently charged with a DWI in Texas, consult Attorney JL Carpenter today. She represents clients across the Greater Houston area, including Friendswood, Houston, Galveston, Clear Lake, Webster, League City, Baytown, and La Porte. Her practice areas also include drug possession, domestic violence, family violence, financial crimes, and violent crimes, among others.