THE IMPACT OF A DUI ARREST ON YOUR EMPLOYMENT by Jon Scott Fox   April 2009

Although you won't find "loss of job" listed in the DUI punishment statutes, a DUI arrest in Washington State can have a devastating impact upon your continued employment. If you need to drive to get to work, or if you must drive in the course of your job, a DUI arrest sets in motion two ways you can suffer due to loss of your license: (1) administratively at the hands of the Department of Licensing and (2) by court action if you are subsequently convicted of DUI.

In most cases, the driver is able to apply for an ignition interlock license. This will permit you to drive but only if your vehicle is equipped with an approved ignition interlock device and only if you have (usually very costly) "SR22" insurance. The ignition interlock requirement applies even to all work-related driving unless you qualify for the exception that the law provides in RCW 46.20.720:

"The department may waive the requirement for the use of such a device if it concludes that such devices are not reasonably available in the local area. The device is not necessary on vehicles owned by a person's employer and driven as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer during working hours."

This exception is not helpful to employees who need to rent vehicles for work purposes when travelling on business, and a real estate agent driving his/her personal vehicle to show houses to a client would still be required to have the interlock unless the vehicle being driven is owned by his/her employer. The dire implications of this scenario are obvious.

License suspension and the ignition interlock license pose additional complications especially if you drive a company car because you will also be required to file "proof of financial responsibility" (SR22 insurance) with the Department of Licensing for three years. In some occupations, such as outside sales driving a company car, this can mean the end of a job.

As a practical matter, if your job involves traveling and you must rent cars in destination cities, the DUI arrest itself can cause huge problems if the officer punched a hole in your license at the time of arrest. Recall that upon a DUI arrest with a breath test of .08 or higher or a breath test refusal, the department of licensing issues a license suspension or revocation that becomes effective 60 days after the arrest (be sure to timely request a driver's hearing to fight the suspension). The hole punched in your license signifies that your license will expire (and be suspended or revoked) effective 60 days after the arrest. In fact, your privilege to drive remains valid during this 60 day period, but the hole makes the license look invalid. Car rental companies view a license with a hole in it with great suspicion and some companies may choose not to rent vehicles to individuals holding such a license. This can be quite an unpleasant surprise to the unsuspecting business traveler who has been arrested for DUI (not convicted or charged) and whose license has a hole punched in it.

An additional complication in today's world is that at the airport, TSA agents seem suspicious of travelers who present a license with a hole punched in it. Probably the best practice in this situation is to travel using a passport as identification at the gate.

Beyond these problems, there no rental agencies are known to this author that will provide vehicles with ignition interlock devices installed (disqualifying you as a renter if your license is subject to this requirement) and in any event, rental agencies might not honor the "ignition interlock license" issued by Washington's department of licensing, since it looks nothing like an ordinary license. Here's what the ignition interlock license looks like as of April 2009.

There are some careers that will be jeopardized by a DUI arrest or conviction for reasons other than loss of the ability to drive. Corporate officers, public figures, or employees with security clearances or who are in sensitive positions may find, if the matter comes to the attention of the media, that the impact of the resultant adverse publicity is more damaging to the career than the actual "legal" consequences of a DUI. In addition, professional athletes may find their careers at risk and their value in the professional marketplace jeopardized by a DUI arrest or conviction. The author of this article has represented individuals in all these categories. These situations require careful planning and a dedicated defense in order to achieve the objective of preserving the career while minimizing potential legal consequences.

If you have fears about the impact of a DUI arrest or conviction upon your career, you should first determine, by obtaining the advice of experienced DUI defense counsel, the true potential consequences of your arrest. Then, rely on your lawyer to map out the best legal defense. In a given case it is wise to determine what the corporate policy is in the event of a DUI arrest or conviction so that you will not be terminated for failing to report an arrest IF you are required to do so. Pilots and medical professionals who are arrested for DUI should be particularly careful to abide by any applicable reporting requirements. Take no steps without adequate professional advice. In some cases, additional steps might include contacting a union representative, or seeking independent representation by a lawyer versed in employment law.