Posted on Sunday, December 1st, 2024 at 9:00 am
Holiday company parties are a great way for employees and managers to unwind and take a break from daily work stresses. However, they typically involve alcohol consumption, and many participants might try to drive home afterward when inebriated. If the police arrest you for drunk driving after a holiday party, you might wonder: can you get fired for a DUI?
Unfortunately, the answer is yes. You can get fired for a DUI, or OVI, as it’s called in Ohio, though being fired is not a certainty. Additionally, having a DUI conviction on your record can make it harder to find gainful employment in the future. An experienced OVI defense attorney in Cincinnati can help defend you against a drunk driving charge and protect your employment.
Ohio Is an At-Will State for Employment
The first thing to know is that Ohio, like most other states in the US, is at-will for employment. At-will means that employers can fire employees for whatever reason they want or even without a reason, as long as it’s not expressly illegal.
So, if the police arrested you for a DUI, theoretically, your employer could decide that your actions and behavior do not represent the company’s values and legally fire you. In other words, employers in Ohio have extremely broad latitude to fire employees, and they can legally decide that being arrested for a DUI is fireable conduct. You don’t even have to have a DUI conviction — an employer could say that simply being arrested is enough.
Of course, many people in Ohio get DUIs and don’t lose their jobs, so being fired for drunk driving is probably not a pressing concern for most. But, strictly speaking, there is nothing legally stopping your boss from firing you for getting a DUI.
DUIs Can Make It Harder to Get or Keep a Job
An OVI doesn’t always result in losing your job, but it can make it harder to get a new job. An OVI conviction goes on your record and will show up on background checks when you apply for jobs. Depending on the type of job, an OVI conviction might make you ineligible for employment. For instance, you most likely will have trouble getting jobs that involve operating heavy machinery or jobs with security clearance or licensure requirements.
If you already have a job, an OVI conviction could make it harder to get to and from work. Many jobs require employees to have reliable transportation to and from work, and a DUI license suspension can make it harder to get to your job. Your employer could fire you if they think you don’t have the ability to perform your responsibilities reliably.
Additionally, a DUI can carry a prison sentence. Your employer can treat any missed work due to incarceration as an unexcused absence and apply suspension or termination penalties for having over a certain number of absences. More generally, you will most likely have to take time off for court hearings and treatment programs. You may be able to use PTO for these kinds of absences, but your employer could decide they are detrimental to your work performance.
Driving Jobs and OVIs
OVI charges and convictions are especially difficult for delivery and commercial drivers who drive as part of their employment. An OVI conviction usually results in a suspended commercial license. As such, it could interfere with your ability to do your job. Additionally, you may have to pay higher insurance premiums due to being a high-risk driver. Your employer could decide that keeping you on staff is too much of a liability and let you go.
Am I Required to Tell My Employer About an OVI?
There is no general law in Ohio requiring employees to notify employers about DUIs. However, some employers might have policies regarding reporting criminal conduct. Read your employee handbook to see if there are any reporting requirements about DUI charges or DUI convictions. Employers may require you only to report specific types of convictions, like felony convictions. Make sure you read your contract or agreement closely.
OVI Defense Attorney in Cincinnati
Moermond & Mulligan, LLC has been protecting the rights of the accused for 30 years and stands firm in its dedication to pursuing justice for our clients. A DUI/OVI conviction in Ohio is a serious matter, and defendants need an attorney who can help them avoid potential employment ramifications. Our attorneys are effective litigators and will investigate every possible option to mount a robust legal defense.
Contact us online or call today at (513) 421-9790 to speak to a DUI defense attorney in Cincinnati.
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