If you’ve been arrested for driving under the influence (DUI) in South Carolina, you are facing several penalties. These include fines, a driver’s license suspension, and jail time (among others). But, these are not the only potential consequences of a DUI arrest in South Carolina. If you get convicted, your job could be at risk as well.
Employment Consequences of a DUI in South Carolina
South Carolina is an “at will” employment state. This means that, unless you have an employment contract, your employer can fire you “for any lawful reason or no reason at all.” As a result, if your employer decides that your DUI reflects poorly on the company, demonstrates poor judgment, or interferes with your ability to do your job, these are all valid reasons to fire you under South Carolina law.
All types of employers can (and will) make employment-related decisions based on employees’ DUI convictions. To lose your job for a DUI, you do not have to drive for a living. As we said above, if your employer decides that it doesn’t want you on its payroll for any reason, it can terminate your “at will” employment. Some examples of occupations in which a DUI conviction is likely to lead to termination of employment include:
- Child care
- Commercial driving
- Data entry and data security
- Education
- Healthcare
- Professional services
- Sales
Again, these are just examples. No matter what you do for work, a DUI conviction could result in the loss of your job. This is true regardless of your history with the company—including your disciplinary history (if any). A DUI is a serious offense in South Carolina, and most employers will treat it accordingly.
How will your employer find out about your DUI? There are a few possibilities. One possibility is that you will be required to disclose your DUI conviction to your employer under its Employee Handbook. If your employer’s policies and procedures state that you must report any criminal charges filed against you, then failing to report your DUI could itself lead to termination of your employment.
Another possibility is that your employer will discover your DUI when conducting annual background checks. While most companies conduct background checks before hiring employees, many companies conduct background checks on an ongoing basis as well. In South Carolina, DUI convictions are public record; and, if your employer uncovers your DUI during a background check, this could result in loss of your employment as well.
A third possibility is that your employer could learn about your DUI through media reports, social media posts, or talk amongst your coworkers. If your DUI arrest makes local headlines, if someone posts about your DUI on social media, or if your coworkers talk about your DUI in the workplace, these could all potentially lead to your employer deciding to fire you.
Of course, if you end up in jail, you won’t be able to go to work, and this could leave your employer with little choice but to fire you as well. While it is often possible to avoid jail time for a first-time DUI offense, a first-time DUI carries up to 30 days in jail. If this is your second (or third or fourth) DUI, you could be facing a year in jail or more.
One important caveat to all of this is that your employer cannot use your DUI as an excuse (or “pretext”) for a discriminatory firing. In this scenario, your firing is not “for any lawful reason or no reason at all.” Discrimination in employment is prohibited under Title VII of the Civil Rights Act of 1964 and various other state and federal laws. So, if, for example, you lose your job after getting a DUI but other employees of different races or ethnicities didn’t get fired for their DUIs, it will be worth talking to an employment lawyer about your legal rights.
Having a DUI on Your Record Can Also Impact Your Future Employment Prospects
If you get convicted of driving under the influence in South Carolina, not only can this have immediate employment-related consequences, but it could impact your future employment prospects as well. As we said above, most employers conduct background checks as part of the hiring process. With a DUI on your record, you may find it difficult to land a desirable job for years to come—and this could add thousands upon thousands of dollars to the cost of your DUI.
How Can You Fight to Protect Your Job After a DUI Arrest in South Carolina?
With all of this in mind, how can you fight to protect your job (and your financial future) after a DUI arrest in South Carolina?
Fighting a DUI in South Carolina starts with determining what defenses you have available. While there are several potential defenses to DUI charges in South Carolina, you need to determine which defenses you can assert based on the facts of your case. Some examples of potential defenses include:
- Challenging your blood alcohol concentration (BAC) reading
- Challenging your field sobriety test (FST) results
- Challenging the basis for your traffic stop
- Challenging the drug recognition expert’s (DRE) assessment of your impairment
- Showing that the arresting officer violated your constitutional rights
- Showing that prosecutors are withholding exculpatory evidence
- Showing that prosecutors can’t prove your guilt beyond a reasonable doubt
An experienced Rock Hill DUI defense lawyer will be able to examine the facts of your case to determine which defenses he or she can assert on your behalf. Depending on the circumstances of your case, seeking a plea deal that avoids a DUI conviction or pursuing pretrial diversion may be options as well.
Schedule a Free Initial Consultation with a Rock Hill DUI Defense Lawyer Today
Do you need to know more about fighting to protect your job (and avoid other serious consequences) after a DUI arrest in South Carolina? If so, we encourage you to contact us promptly. Call 803-328-8822 or contact us online to schedule a free consultation with an experienced Rock Hill DUI defense lawyer today.