If you are arrested for a DUI or DWI in New Jersey, you may be concerned that you could lose your job. Consider the news concerning the tragic accident involving three Linden police officers and a civilian friend. Two of the car’s occupants died and the others remain in critical condition. As the media delves deeper into the background of the driver, there are issues concerning his past DUI charges. Why was he still permitted to work as a police officer? 

A recent article published by nj.com explored the issue of why this particular officer’s DUI arrests did not cost him his job. For one, an arrest is not a conviction. The first complaint against him was dropped after the arresting officer did not show up for court. The driver pled guilty to the second DUI charge and received certain sanctions as a part of his plea.

There were no injuries or death associated with the two prior DUI arrests. Therefore, the charges fall under the auspices of other motor vehicle tickets. DUI or DWI complaints without injuries or death are not considered criminal matters. The Linden Police Department has kept quiet about the officer’s personnel records. There is a presumption that the officer held onto his job because there was not a criminal conviction.

Americans with Disabilities Act

One reason that employers may hesitate to fire someone with a DUI or DWI conviction starts with the American Disabilities Act “ADA”. Alcoholism is considered a disease under the ADA and therefore an employer may be required to provide an accommodation to an alcoholic, as long as its use does not adversely affect the worker’s job performance. The ADA applies to all employers with over 25 employees.

Driving for a Living

If you drive for a living, there is a good chance you could be fired because of a DUI or DWI charge. In particular, drivers with commercial driver’s license (“CDL”) are particularly in danger of losing their jobs. The truck driver must immediately notify the employer of the charge. If a conviction involves license restrictions, the employer may not allow the truck driver back behind the wheel. The DUI conviction will impact future opportunities for employment.

Employer Contract

Some companies have employee handbooks that specify the reasons for employee dismissal. If your employer has provided you with this information at the time of hire, there is a good chance your DUI conviction can cost you your job.

Seek Legal Representation

The consequences for a DUI or DWI conviction can be life-changing. If you have been charged with either offense, it is important to seek competent legal advice. The Law Offices of Beninato and Matrafajlo are experienced attorneys in this field. Contact us to discuss the particulars of your case.