Each profession is heavily regulated in North Carolina. Doctors, lawyers, dentists, teachers, architects, and many other professionals must self-report most criminal arrests or convictions. The appropriate board will then investigate to determine if you are a risk to the public and the profession’s reputation.
Can a DWI affect your job? The short answer is “yes.” A drunk driving arrest can lead to a licensing investigation, as well as suspension or other disciplinary action. Your employer might even fire you.
Call Remington & Dixon, PLLC to talk with a Charlotte professional license defense attorney. We want to know more about the circumstances surrounding the drunk driving case.
Mandatory Self-Reporting to the Licensing Board
Most boards require that licensees report any criminal arrests or convictions, including for DWI. You should not delay. Failure to report is itself probably a violation of the codes of professionalism you swore to uphold when you received your license.
A DWI arrest or conviction is a clear sign that you are a risk. The licensing board will probably open an investigation into the incident. You are expected to participate in the investigation and turn over any information they request.
If you fail to report, then the Board will probably consider this failure another separate violation. The problems only snowball from there. Call Remington & Dixon, PLLC to speak with an attorney about any arrest. We can help you comply with Board reporting requirements.
How Can a DWI Affect Your Employment?
Apart from possibly losing your license, any arrest could impact your job. North Carolina is an “at will” employment state. This means that employers have wide latitude to fire an employee.
There are some limits to the at-will doctrine. If you have an employment contract, then an employer must follow the rules spelled out in the contract for disciplining or terminating an employee. Failure to follow these rules will result in a breach of contract claim.
For example, your employer might state that any criminal arrest is “cause” to support a termination. Or they might state they will take discipline short of termination, such as putting you on probation.
If you don’t have an employee contract, then employers are limited by what they put in an employee handbook or manual. These documents might form a contract by themselves. Otherwise, your employer can fire you.
Disciplinary Actions
Professionals can face disciplinary action from the relevant licensing board. The board will probably open an investigation as soon as they find out about the DWI. This investigation will focus on the full extent of your alcohol or drug use, as well as whether you have negatively impacted clients while impaired.
The licensing board can also impose discipline. The actions they take will depend on many factors, including your candor throughout the process and whether you have a substance abuse problem. A single isolated DWI might not result in any significant discipline. However, it’s up to each board to determine what action to take. A very serious drunk driving case, such as a fatal accident, will likely have greater repercussions.
Each board determines whether they want to take action. Some outcomes include:
- Public reprimand. The Board might censure you for drunk driving but take no other action. A public reprimand is something the public could find if they were inclined to do a background check on you.
- Substance abuse counseling. The Board might require that you finish an alcohol or drug abuse program to prove you do not have a chemical addiction.
- License suspension. The Board might choose to suspend your license for a certain amount of time. You are not legally authorized to practice during a period of suspension. If you go ahead and continue to offer professional services anyway, you can face additional investigation and disciplinary action.
- License revocation. This is the most extreme step. The Board can permanently pull your license. This would be rare for a DWI, unless you ended up killing someone in an accident or the Board uncovers other problems in their investigation, such as stealing from clients.
Each professional board is focused on protecting the public and improving its reputation. Call our office to discuss your unique situation.
Will Having a DWI Affect Employment Opportunities?
Yes, a DWI could easily be a barrier to employment. A hospital might think a nurse with a DWI poses an unacceptable risk to patients. A law firm might avoid hiring an associate with any drug- or alcohol-related arrests or convictions.
Each employer is different, and we can only offer general advice. A DWI might seem “minor,” but you can’t sweep it under the rug.
If you have not yet applied for a professional license, then you will need to disclose the DWI as part of your application. Any attempt to hide this crime could result in the denial of a license for a lack of candor.
Contact Our Office Today
Remington & Dixon, PLLC, provides high-level defense for professionals facing investigation or disciplinary action. Contact our office to schedule a free consultation with an experienced professional license defense attorney. We have helped professionals in the 28207 zip code, as well as professionals across all parts of North Carolina.
