If you have a conviction for a DUI, will a criminal background check show that conviction? Is a DUI considered a criminal offense? The answer is yes in almost every area of the United States. Driving under the influence of drugs or alcohol almost always rates as a misdemeanor or felony offense. Most jurisdictions see DUI or DWI as criminal charges. Therefore, individuals with convictions for DUI should expect it to be a part of their criminal record.
However, there can be some confusion surrounding drunk driving charges. Many don’t understand why these charges appear on pre-employment background checks. They may not understand how it could impact future employment opportunities, either. Since driving under the influence takes place behind the wheel, people may think it is only a traffic crime. You might expect a DUI to appear on driving record checks but not a background check. These are common misconceptions.
Is a DUI considered a crime? Yes. A DUI is a serious criminal offense. Driving drunk or while on drugs could result in serious injury or death to others. The impairment caused by substances makes motor vehicles very dangerous to operate. The law takes a harsh view of those who expose the public to such risks. Consequences often include license suspensions and sizable fines. There may even be mandatory jail time.
In all but two states, a first offense DUI is usually a misdemeanor. Misdemeanors are criminal convictions, which means criminal background checks report them. DUIs are more serious than most other driving offenses. The greater potential for harm warrants classifying DUI as a crime, even though it is also a traffic violation.
A DUI is technically both a criminal offense and a traffic offense. This means it will also likely appear on any motor vehicle record check that a prospective employer runs. What does this mean for job applicants?
Many employers today still ask applicants about their criminal history. “Ban the box” laws have reduced the number of places where this occurs. Employers must delay criminal history inquiries in such places until they make a conditional job offer. However, in the absence of such laws, criminal history questions remain common. How should someone with a DUI conviction answer? The question “Have you ever been convicted of a crime?” could be a problem for job-seekers with a DUI.
Only two states don’t charge DUIs as crimes. Both New Jersey and Wisconsin rate DUIs are traffic violations. If you have a DUI in these states, you can truthfully say you do not have a criminal conviction. In all other states, a DUI would require you to answer that “yes” you do have a conviction. Applicants should prioritize telling the truth. Lying about a DUI at this stage means problems later when a background check reveals the charge.
In some cases, the police may arrest individuals on suspicion of DUI/DWI. However, these arrests may not lead to formal charges or a conviction. If someone was arrested but not charged, they can answer “no” to criminal conviction questions on applications. Government agencies such as the EEOC discourage employers from making adverse decisions based on arrest records. Remember, you can’t infer guilt from a non-conviction arrest.
Employers should avoid considering only arrest information. At backgroundchecks.com, we do not report arrest records as a matter of best practices. Only DUI convictions should have an impact on job opportunities.
What kind of conviction record will an employer see if an applicant has a DUI? That depends on several factors. States may charge DUIs differently from one another. There is also often a “ladder” of severity based on the number of times an individual has committed the crime.
First-time DUI offenders usually receive a misdemeanor charge. However, there are always exceptions. A DUI that leads to a fatality or serious injury will likely become a felony. Felony charges are likely even for a first-time offense if the driver hurts someone. In severe cases, the individual might also face charges of vehicular manslaughter or negligence. These additional crimes will also appear on background checks if they result in a conviction.
Other factors may influence charging DUIs as a felony, too, such as:
First and second DUIs are misdemeanors in many states. Third DUI offenses may automatically rise to the felony level. A fourth DUI may require mandatory jail time and further felony charges.
If an applicant must disclose a DUI conviction on an application, they should prepare for a conversation. Explaining the circumstances will be important. Likewise, any evidence of rehabilitation will also be significant. Employers see DUIs as a serious crime that may speak to issues of personal character.
Will DUIs show up on background checks of an individual’s DMV records?
In most cases, yes. If there was a conviction or guilty plea, a driving record will reflect a DUI. This situation may confuse some applicants. DUIs may appear on both motor vehicle records and background checks. DUIs usually remain on your driving record for five to ten years, depending on the state. Criminal convictions may appear on your report for life unless sealed or expunged.
However, DUIs may also impact other information reported on your driving record. A DUI may lead to “points” assessed against your license. They can also lead to the suspension, restriction, or revocation of your license. All these things may show up on a DMV records check. This information can negatively impact your chances if you’re applying for a driving-related job. Remember that a DUI arrest may lead to points or a suspension even without a conviction. Such information will still appear on your driving record.
Most employers don’t look at driving records unless the law requires them to do so. They simply aren’t relevant to most positions. However, they are a critical part of hiring in industries regulated by the Department of Transportation. Those seeking jobs in transport or logistics should know what to expect. DUIs may limit job opportunities in these sectors. Multiple DUIs will be a barrier to transportation jobs.
To see whether a DUI appears on your DMV record, conduct a driving history check on yourself.
In most other cases, driving records don’t have any special relevance to the job role. Someone applying for a desk job at an office may have less to worry about than a commercial driver. Multiple DUI convictions may still make an employer question an applicant’s reliability. However, employers enjoy broad latitude in how they make such hiring decisions.