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CAN A DUI PREVENT EMPLOYMENT WORKING WITH KIDS?


February 17, 2016
Social Workers

In past blogs I have discussed certain so called white collar professions that are vulnerable to the consequences of a DUI / Drunk Driving conviction or license suspension. There are other professions which can be negatively impacted by a DUI conviction or license suspension. Many professions that no one would ever consider would be impacted by a DUI. DUI convictions can have a completely adverse consequence on people who work with children. For example, social workers can lose their jobs if they have a DUI on their record. This is due to the nature of the contact that they have with the public. Many social workers drive children under their charge to medical appointments, parental visitations, and court dates. The county can be exposed to liability if they entrust the children to the care of someone with a DUI conviction or license suspension.

Probation Officers

County Probation Officers also are responsible for transporting children to court dates, school, as well as jail. The County requires that its Probation Officers have a valid license. However, if the county discovers there is a DUI conviction or DUI suspension on the driving record the Probation Officer could ultimately lose his or her job. Or, at the least the Officer could have restricted work requirements based on the inability to transport the individual’s under the care of probation.

Teachers

Educators are also punished for DUI convictions. Teachers, especially teachers employed at private schools can lose their jobs due to a DUI conviction. This is typically due to breaches of an employment contract which dictates the standard of conduct for the school’s employees.

Volunteers

Employment, or working for pay, is not the only area impacted for individuals working with children who are convicted of a DUI or have a DUI related suspension. In fact, many people are not allowed to volunteer for organizations involving children due to a DUI on that person’s record. For instance, certain organizations that are focused on providing leadership to young children perform background checks on their volunteers. Many times these organizations are nonprofits. If the background check indicates the aspiring volunteer has a conviction for DUI on his or her record – the applicant will be disqualified from volunteering for the organization.

Cover all Aspects

In conclusion, a person who is arrested for a DUI must consider all facets of his or her life before deciding how to address this matter. The person should not only focus on employment. Instead, the arrestee should think about volunteer work as well. For instance, if the arrestee has children and wants to be a parent volunteer for their kids’ extracurricular activities, then he or she cannot be convicted due to the arrest.

Decision Making After Being Charged With a DUI in California

Driving while impaired is illegal in California regardless of whether it is the result of consuming drugs, alcohol, or other substances. When law enforcement officers are on duty, they are continuously on the alert for erratic driving. A driver may be involved in a car accident or pulled over by a police officer who observes suspicious driving behavior as identified by the National Highway Transportation and Safety Administration.

Throughout a traffic stop in California, the driver is being observed by the law enforcement officer for telltale signs of intoxication including slurred or slowed speech, swaying or balance problems, or having an odor of alcohol on their person. The officer may administer field sobriety testing including a preliminary alcohol screening, also known as PAS, on the side of the road. If the individual is charged with a DUI, there are crucial steps to take to get the best outcome for their case. A DUI defense lawyer in Los Angeles, California can advise the driver about the most appropriate decisions to make regarding their DUI arrest to achieve a positive outcome.

What Steps Should I Take After Being Charged With a DUI?

Two legal proceedings are associated with a DUI charge, one is a criminal trial that determines the driver’s guilt or innocence. The other proceeding is a hearing, also known as an admin per se (APS) hearing, that takes place at the California Department of Motor Vehicles.

One of the most important steps after being charged with a DUI is requesting an APS hearing through the DMV to challenge the automatic driver’s license suspension that occurs after the DUI arrest.

The DMV may revoke a driver’s license in one of three circumstances. The driver has:

  • At least a .08% blood alcohol content level.
  • Refused a chemical test after their DUI arrest.
  • A .01% blood alcohol content or higher and is a minor.

It is important to follow-up with the DMV to schedule the APS hearing within 10 days of a DUI arrest. Failure to do so results in the immediate suspension of the person’s driving privileges. In Los Angeles, California, someone with a DUI charge should contact the best law DUI law firm to avoid a driver’s license suspension.

How Can I Get Reinstated to Drive After a DUI?

After being charged with a DUI, you should consult with a license restoration lawyer within the first 10 days after your arrest to avoid a driver’s license suspension. You must make a request for an APS hearing within that time period to avoid having your driver’s license suspended. Your DUI lawyer will contact the DMV on your behalf to schedule the hearing.

Once a hearing is scheduled, the DMV issues a 30-day temporary driver’s license. If the hearing does not occur within 30 days, the DMV issues a stay of suspension to stop the administrative license suspension and the temporary driver’s license will remain in effect. Your lawyer will ensure that these actions are taken by the DMV.

The APS hearing is similar to a criminal hearing with one important difference. You are presumed to have been driving with an excessive blood alcohol content and it is up to you to prove otherwise. At the hearing, you are informed of the legal grounds for the suspension and given an opportunity to examine and challenge any evidence the DMV presents. You can provide your own evidence, witnesses, and testimony to persuade the DMV to modify or withdraw the suspension. Fortunately, you have the right to be represented by a lawyer of your choosing at the DMV administrative hearing.

DUI lawyers in Los Angeles, California frequently assist their clients with these matters. They have the knowledge and skills to help their client prepare valid arguments as to why the DMV should set aside their license suspension.

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About the Author

At the Law Offices of Top Gun DUI Defense Attorney Myles L. Berman, our experienced team of DUI / Drunk Driving defense lawyers are dedicated to aggressively defending people arrested for DUI.

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