A background check could uncover your DUI conviction and affect employment. Drunk driving is one of the most common criminal offenses that can raise a red flag for employer reviews. These reviews are done on pre-employment background checks so the company can see if you have any DUIs or other offenses.
If you have committed a DUI, it appears on your criminal background and driving record checks.
And even if you didn’t cause an accident, the DUI conviction may affect your job or future employment. In many hiring cases, your employer may decide not to hire you just because of your DUI.
And even though in some cases the DUI may be removed from your record (after several years), it’s best to consult with a Portland DUI attorney if you get arrested and charged for drunk driving.
Will A DUI Show Up On A Background Check?
Sitting behind the wheel while intoxicated is a criminal defense and when an employer does a criminal background check they will certainly see your DUI offense.
If a pre-employment background screening includes your driving record, the DUI conviction will very much appear.
If you didn’t have a conviction it doesn’t mean that you shouldn’t have to worry. If you have a DUI arrest, it may also show up on the background check (especially if the case is still pending; in case the court hasn’t issued a verdict on your case).
What if You Fail on the DUI Background Check?
Can you fail a background check if you have a DUI on your record? You should be aware that a DUI will be an alert on your background check. However, it doesn’t mean that you will fail the background check.
Although applicants who have clean background checks are considered to pass the screening, it doesn’t mean that you will fail.
If the company decides not to hire you because of your DUI, it will depend on many factors.
For instance, if you’re applying for a job that requires driving (delivery, bus, or truck driver) chances are you won’t be considered for the job. Also, if you’re filing to work with children, or as a driving instructor, it’s very likely that you might not get this job.
The company policy may have stipulations about hiring people with criminal records.
Also, they will consider if the DUI conviction was a misdemeanor or a felony. Misdemeanors are common with a first-time offender. A felony on the other hand may indicate a second or third-time offender which is a red flag.
The company will also check the age of the offense. In many states, DUI convictions remain on the record forever (as opposed to states where they can stay for three to ten years). In Oregon, the DUI charges will remain on your record for 10 years.
Oregon’s DUII Laws
In Oregon, if you’re a driver over the age of twenty-one, you’ll be considered to be driving under the influence of drugs, if your blood alcohol test shows .08 or higher. The legal limit for commercial drivers (including bus drivers) is .04.
For drivers younger than twenty-one, there is no legal limit; their BAC test should show zero percent of alcohol in their system.
Driving under the influence of cannabis, a controlled substance, inhalants, intoxicating liquor, and a mix of these is also illegal.
Oregon has an implied consent law, which means that if you’re driving a motor vehicle you have agreed that you will agree to a breathalyzer, blood or a urine test if requested by law enforcement. In case you refuse (you can do that) your driving license will be suspended for one to three years.
If you don’t refuse the test and if it turns out that you’ve been driving under the influence, your driver’s license will be suspended for a period of three months to one year (if you’re a first-time offender). If this is your second offense, your driver’s license will be suspended for three years (within five years of the first conviction).
You will also face a financial penalty (it goes higher with the number of convictions), installment of an ignition interlock device, and even prison time.
If you were pulled over by a law enforcement officer and your breathalyzer test showed that you were drunk driving, it’s very likely that you will get arrested. Make sure to contact a DUI attorney as soon as possible.
Our team at Trilogy Law Group is here to offer you a free case review and stand by your side until the very end.