A conviction for driving under the influence (DUI) in South Carolina can have several serious consequences. Not only can a DUI conviction lead to fines, jail time, and other penalties, but it can also put your job (or even your career) at risk. If you lose your job due to a DUI conviction, this will easily be the most significant financial consequence of your arrest.

7 Important Facts About the Employment-Related Consequences of a DUI Conviction

Here are seven important facts about the potential employment-related consequences of a DUI conviction in South Carolina:

1. South Carolina is an “At Will” Employment State

The first thing you need to know is that South Carolina is an “at will” employment state. This means that your employer can terminate your employment for any reason, with one major exception as discussed below. Many companies (and other employers) will fire employees who receive DUIs for reasons including (but not limited to):

  • Continuing to employ someone after a DUI conviction would harm the employer’s reputation or its standing in the local community.
  • The employer decides that driving under the influence reflects poor judgment.
  • An employee’s DUI conviction interferes with his or her ability to work (i.e., if the employee loses his or her driver’s license and needs to be able to drive).

Of course, if you get sentenced to jail time, this will also interfere with your ability to work, and your employer may have no choice but to hire someone else to fill your role. While it is possible to avoid jail time in many cases, a jail sentence is a very real possibility as well—and it is not a possibility that you can afford to ignore.

2. You May Be Required to Disclose Your DUI to Your Employer

Many employers have Employee Handbooks or other policies that require their employees to report criminal charges against them. If you are required to disclose your DUI to your employer, failing to do so could itself lead to termination of your employment.

If you are unsure whether you are required to disclose your DUI, this is something you will want to find out. Additionally, even if you aren’t required to disclose your DUI, being up front about your situation may still be your best option. Once you hire an experienced North Charleston DUI defense lawyer to represent you, your lawyer will be able to help you make informed decisions based on the specific circumstances at hand.

3. Even if You Don’t Disclose Your DUI, Your Employer Might Still Find Out

Why might you want to disclose your DUI even if you aren’t required to do so? Even if you don’t disclose your DUI, your employer might still find out. For example, some employers conduct annual criminal record checks to make sure that none of their employees have undisclosed arrests or convictions. If your DUI arrest makes the local news, your employer could learn about your arrest through media coverage. If someone posts about your arrest on social media or your coworkers discuss your arrest in the workplace, these could lead to your employer discovering your DUI as well.  

4. DUI Convictions Can Impact Your Future Employment Prospects

Not only can a DUI conviction impact your current job, but it can also impact your future employment prospects. Your DUI conviction will go on your permanent record; and, in South Carolina, DUIs are not eligible for expungement. As a result, any potential future employers will learn about your conviction if they conduct a pre-employment background check—and, just as employers can fire employees because of their DUIs, employers can choose not to hire applicants because of their DUIs as well.

5. DUI Convictions Can Have Professional Licensing Consequences

If you hold a professional license, a DUI conviction could lead to suspension or revocation of your license—and this could also have long-term consequences for your employment. Many professional licensing boards take DUIs extremely seriously. Fighting to protect your professional license is a process all on its own; and, if you don’t fight to protect your license successfully, you may be forced to seek a job outside of your chosen career.

6. Your Employer Cannot Use Your DUI as a Pretext for Discrimination

As we said above, since South Carolina is an “at will” employment state, your employer can terminate your employment for any reason—with one major exception. Discriminatory employment practices are prohibited under state and federal law. This means that your employer cannot use your DUI as a pretext to fire you based on your race, citizenship, age, sex, disability, or any other protected characteristic.

7. You May Have Various Options for Protecting Your Job (and Your Financial Future) After a DUI Arrest

While DUI convictions can have various severe consequences in South Carolina, there are also various options for fighting to protect yourself. If you are facing a DUI in South Carolina, you may have options including:

  • Fighting Your DUI in Court – Fighting Your DUI in Court – Regardless of the facts of your case, prosecutors must be able to prove your guilt beyond a reasonable doubt. Understanding what evidence prosecutors have against you can make a major difference in your defense strategy. Learn more about how to find out what evidence prosecutors have against you in South Carolina here.
    From unreliable BAC readings to violations of your constitutional rights, several potential defences are available    .
  • Seeking a Plea Deal – If you aren’t likely to be able to avoid a “Guilty” verdict in court, you may be able to secure a plea deal that avoids the life-altering consequences of a DUI conviction.
  • Entering Into a Pretrial Diversion Program – If this is your first DUI, you may qualify for a pretrial diversion program. If you enter into a pretrial diversion program and complete the program successfully, your DUI case will be dismissed.

Request a Free Consultation with North Charleston DUI Defense Attorney Rad S. Deaton

If you are facing a DUI charge in South Carolina and would like to know more about what you can do to protect yourself, we encourage you to contact us promptly. To request a free consultation with North Charleston DUI defense attorney Rad S. Deaton, call us at 843-225-5723 or tell us how we can reach you online today.