Everyone knows that getting a DUI comes with jail time, court appearances and fines.
But the consequences of having a DUI in your background can go way beyond spending a night in jail and paying some money to the
Court.
Having a DUI conviction can affect your insurance rates, your employment, your child custody case and even the relationships in your life.
Just how much can a DUI affect you?
We asked some of the foremost experts in insurance, recruiting and human resources, family law and family counseling:
“What Are The Consequences For A DUI Beyond Jail Time And Court Fines?”
And let me tell you…the answers we got were nothing short of amazing!
I’ve listed them below:
Several factors have to be weighed when hiring someone with a DUI in their background
Mary Beth Hartleb, CEO Prism HR - Global Management Group, LLC at http://www.prismgmg.com/
Mary Beth told us “A DUI in and of itself would not exclude a job applicant from consideration. Several factors need to be weighed which include how much time has passed since the DUI, are there any other repeat offenses or other criminal activity, the nature of the job itself - does the job require driving or a CDL, and any government regulations that may require an employer to hire an applicant without a criminal record.”
Federal, State and Local Laws May Play A Factor In Hiring Someone With A DUI In Their Background
Lynn told us “Our firm handles Executive Placements for Director level or higher in the Healthcare Industry. We work with health plans, providers and ancillary vendors throughout the U.S. As far as the background question related to applicants with a DUI conviction, it varies for each of our clients. Many employers follow EEOC guidelines regarding convictions with consideration given to length of time since the conviction, severity of the charge (i.e., felony DUI, second offense, injury accident, etc.) and job relatedness (i.e., hiring someone who is required to drive for the position, etc.) In my previous position as an HR Manager with a local agency, the State Legislature had proposed (and I believe ultimately adopted) new NRS provisions that aligned with the EEOC guidelines regarding consideration of criminal convictions... at least for public sector employers. Tyrone Thompson sponsored that legislation and is extremely knowledgeable about the topic.”
“When you get caught peeing in the pool, there will be consequences”
Marlon Call aka The Insurance Cowboy, Insurance Cowboy, Insurance Agent Las Vegas, Trusted Insurance Advisor, International Public Speaker at Alphaomegawealth.com
Marlon told us “When you get caught peeing in the pool, there will be consequences. The repercussions of each carry separate but still negative results. Speeding tickets can result in an increase of premium for the next 3-5 years. Some companies look back 3 years and some look back 5 years. The only way to minimize the effects on your premium is to hire an attorney to represent you to the judge. Many times, the speeding or other infractions can be reduced to a parking ticket. Another solution is to go to traffic school. This solution will also keep the points from going on your driver’s license. Driving under the influence is an infraction that insurance companies have no patience for. Most companies will cancel your insurance. The State will require you to maintain a SR22 or also call a financial responsibility filing for 3 uninterrupted years. If you let your SR22 lapse, you will be required to start the 3-year process all over again. Most insurance companies will not issue SR22's. This filing is very expensive if you can find a company to issue one. In either case peeing in the pool will cause you to be accountable for your actions. Choose carefully before driving excessively or impaired.”
“Having a DUI can ruin your premium insurance rating for a minimum of 5 years”
Mansoor told us “In most states, there are classes offered by the secretary of state you can take after you are issued a citation so long as you qualify, your points will not be recorded to insurance companies. A DUI will show up on your driving record for at least five years and this citation will ruin your premium rating for a minimum five years. Best practice is to practice avoidance. Under no circumstances should you ever drink and drive. If you are in a situation where you have your vehicle after drinking leave it where it is and use a driver service - there are so so many of them these day.”
“DUIs are expensive”
Allen told us “Multiple traffic tickets and/or a DUI will increase their insurance cost, for a lot of the standard carriers will not stay on bad drivers like that, so they will go to a higher sub-standard market for their insurance In fact for a DUI, the driver will lose their license unless they do SR-22 filing and THAT is VERY expensive for only a few carriers will do those. So that commercial says DUI are expensive, yes they are! You will pay for those filings. On commercial fleets, insurance carriers will ask to delete a bad driver and will not offer coverage. You know how the law is have a driver with many tickets get into an at fault accident and the liability is higher due to the fact that the family or business, still allowed them to drive thus normally those settlements are higher.”
If you drive safe and avoid DUIs your insurance rate could actually go down
Anthony told us “Let me start by saying that the reason no two individuals pay the same premium on their auto insurance because everyone is rated differently depending on a number of factors. Most insurers use very complex rating models to determine risk for the individual applying for insurance. These rating models take into consideration many factors when determining risk (i.e., previous claims, insurance history, limits of liability, credit profile, etc.). Another key factor in determining your rate is your motor vehicle history, which includes: speeding tickets, traffic citations and DUIs. At State Farm we offer a program called Drive Safe and Save where you install a beacon in your vehicle and sync it to your smartphone via bluetooth. The beacon will monitor certain aspects of your driving which, sometimes can result in an accident, like: (acceleration, braking, speed, turning, and hours of operation). The purpose of the app is not to punish you for driving badly, but to reward you with a potential discounted premium for driving safely. The idea is that if you know the beacon is monitoring your driving habits, you will tend to be more aware and cautious of when operating a vehicle.”
A DUI Can Affect Your Child Custody Case
Daniel told us “It would really depend on the blood alcohol level, whether other people are in the car, including minor children, frequency and degree of alcohol consumption as well as its effect. A court would likely put some restriction on consumption while the children are in that parent's custody. A companion criminal matter may even result in breathalyzer being placed in their car, locking the ignition in the event they are drunk.”
Billie told us “I have a client who went from equal parenting time to supervised visitation for 4 hours every other week. His parental fitness isn’t at issue beyond the DUI/alcohol issue.”
The circumstances surrounding your DUI count
Frederick told us “If was long ago and say, in their 20's, then the only difference between them and half the people who go to college, is that they got caught. It was within the last few months and they're in their 40's or older, I might still hire them but I'll want more information.”
Every company is different when it comes to standards for hiring someone with a DUI
Anonymous source at large casino company told us “I can offer general advice on my background with this subject. Every company is different and has different standards when it comes to what they deem acceptable in regards to their background checks. For a DUI, I would say the only positions in which it would have an adverse on would be where there would have be alcohol or driving a vehicle involved (think a bartender, truck driver, etc.) where this offense has a direct correlation to the job and may cause a conflict down the line. A lot of companies are becoming more progressive and forgiving when it comes to background checks, and not faulting people for making one mistake in their past.”
Ed told us “If I came by the knowledge of a DUI through legal means, my reaction would depend on whether or not the position involved required driving. If yes, I would likely not hire (school bus driver, ambulance driver, etc.). If driving is not involved, I don't think the DUI should be a factor. But, as always, you would want to look at all factors surrounding the particular person / position before making a hiring decision.”
Shawn told us “When I was hiring Truck drivers, they had almost 0 chance of being hired. Now that I am hiring in the Tech industry, it has little effect on if they are chosen or not (in most cases). “
If you get caught with a DUI, the Court might question your judgment which could affect child custody
Saville told us “A DUII certainly impacts a child custody and/or parenting time case. A parent who drives under the influence is a parent who may have an alcohol/substance abuse problem that interferes with his/her ability to parent a child. Even if a parent doesn't have an alcohol or substance abuse problem, the DUII compels inquiry into a parent's poor judgment, recklessness and irresponsibility. If a child is in the car at the time of the DUII issuance, the DUII could potentially form the basis for emergency custody or parenting time relief to protect the child. See factors courts consider in a custody dispute. https://www.oregonlaws.org/ors/107.137 For parenting time, a court considers the best interests of the child. A DUII may also result in an inability to exercise parenting time due to the loss of driving privileges. A court may evaluate a parent’s ability to transport the child to and from obligations in determining custody.”
A DUI might cost you your dream job
Kimberly told us “DUI is serious, just because you may only have 1 on the record we know it took several chances before this occasion of conviction. Reckless behavior of yourself and others. How does that show up in your professional life? Rarely is personal and professional separate. I am thinking I have been there before, not with a DUI but getting behind the wheel after a couple drinks, not a good idea. While I review resumes often no matter how good you are at your craft, I would review others and push your application to the side or the bottom. Depending on the police report and other information provided Most likely I would move on.”
Christina Leathers, Human Resources at State of Nevada
Christina told us “As I work for Dept of Corrections, the bulk of our hiring is for correctional officers. Pursuant to NAC 289, DUIs have a negative impact on our ability to hire into those positions. Our agency website is doc.nv.gov”
Michelle Reese, Senior Executive Recruiter at Accordance Search Group
Michelle told us “I’ve been recruiting since 1989 in various industries. In the last few years I worked and recruited for management and sales reps for the medical industry for large global companies. In prior years I’ve helped place truck drivers and other individuals for various industries. Just recently I had a scenario from a candidate that didn’t tell me the truth about their driving record. The candidate had a job offer and the company did a background check because they give a company car. During the background check, the company discovered he had a DUI and another driving infraction and both within a year. That company had a rule that if it went back 3 years they would not hire. As a result, the company rescinded the offer. He was heartbroken. In my experience is companies that offer company cars or require lots of driving are very careful about offering jobs to people who have DUIs in their background. Even people who are on their cell phones and get caught, it can be a deal breaker if a company car or a lot of driving involved.”
A DUI Can Affect Parenting Time With Your Children
Kristy Clairmont, Esq., Attroney at Family Law Legal Consulting at www.familylawlegalconsulting.comKristy told us "A DUI can be used as evidence of a substance abuse problem. Depending on how recent and the circumstances surrounding the DUI, it can certainly have an impact on child custody issues. In Arizona, the term "custody" is no longer used. Instead the issue is addressed as legal decision-making and parenting time. As far as legal decision-making, worst case scenario, it could effect whether a judge believes joint legal decision-making is in the child's best interest and cause an award for sole legal decision-making. It can also effect parenting time in a variety of ways to include a possible requirement of random drug testing, participation in substance abuse classes, orders to abstain from drinking during parenting time, and in an extreme situation, even result in an order for supervised parenting time until sobriety can be demonstrated. Of course individual circumstances will affect the outcome and every case is different. I hope that helps with your article."
Beyond the criminal consequences, DUI’s can create significant problems in one’s personal or professional life
Michael O’Brien, CADC II, Addiction Counselor at www.obrienaddiction.com
Michael provided us the most comprehensive answer and told us “The DUI will show up on any background check. Companies often scan the internet for anything under an applicant’s name and many police departments post booking photos or “mug shots” online now. A DUI may fully disqualify an applicant from a position they are applying for but at the very least it provides other candidates without one with an advantage. For individuals whose profession is based on driving, such as truck drivers and rideshare drivers, they can lose their jobs immediately or once their employer discovers the DUI. For professionals such as doctors, nurses, lawyers, psychologists, airline pilots, therapists and counselors – or anyone with a professional license or certification it can result in a temporary or permanent revocation of their license or certification. Rendering them unable to practice their profession. It increases your vehicle insurance costs and some insurance companies will not insure you. Driver’s must secure an additional SR-22 document and pay additional fees. A DUI raises the possibility that someone may have a substance use disorder and the stigma associated with it. Family and friends often lose trust or question behavior after a DUI. A DUI can have a dramatic impact on existing or future child custody hearings. The other spouse can use a DUI against the other parent to justify less custody. Often, the family court will require proof of treatment for the parent with a DUI to see their children and often the visits must be supervised initially. When your driver’s license is suspended or revoked, it often complicates transportation issues that we normally take for granted. Things such as getting to and from work or picking up your children at school become much more difficult. Committing a serious offense like a DUI can have a negative impact of one’s self-esteem or self-worth. Some people develop depression or even start drinking more because of the challenges of dealing with the consequences. A DUI can cause significant conflict in a serious relationship or marriage. Partners start to questions whether they can trust the other person, they often resent that they must also share the financial, career, or transportation burdens created by their partner.”
Wow! What an amazing collection of advice and information.
Now I want to turn it over to you…
Questions about DUI consequences?
Call us at (702) 433-2889 or fill out our on-line form to leave a comment or ask your questions.
We Can Help!