How Will a Michigan OWI/ DUI Affect My Employment?

A Michigan OWI / DWI is a serious charge that can carry severe penalties. In addition to fines, possible jail time, and a driver’s license suspension, a drunk driving charge can have far-reaching, adverse consequences. You face harm to your reputation and damage to your career and family life. In some cases, an OWI conviction can result in job loss and difficulty finding employment.

If you were charged with drunk driving, once the dust has settled from the frustration and confusion that often surround the initial arrest, you might be wondering (1) “How does a DUI affect employment?” and (2) “How long does a DUI stay on my record in Michigan?”

Robert Elmen is an experienced and highly sought-after criminal defense attorney serving Ann Arbor and the surrounding areas. Well-known for his aggressive defense and the superior results he obtains on behalf of his clients, he is frequently called upon to defend people charged with OWI / DUI. Here, he answers some of the most common employment-related questions about a Michigan OWI charge.

How Does A DUI Affect Your Employment?

An OWI charge can be a traumatic, frustrating, and scary experience. You may have concerns about how the charges will affect your future and your job. In most circumstances, a first-time OWI / DUI charge will not harm your employment.

When people are charged with OWI, one of their first concerns is often, “Will my employer find out about my OWI charge?” The short answer is “Generally, no.” Unless you hold a Commercial Driver’s License (CDL) or are contractually required to report an OWI charge, neither the court system, the police, or the Department of Motor Vehicles are required to notify a third party of an OWI charge.

Nonetheless, even though it is unlikely your current employer will find out about an arrest for drunk driving, there are other ways an OWI charge can adversely affect your life. For example, even if you do not hold a CDL, you may experience difficulties driving to and from work or if you are required to drive as part of your job.

Even so, most driver’s license suspensions for a first-time OWI in Michigan are for 45 to 90 days. As long as you can get to and from work and perform your job duties, your employer is unlikely to find out about the OWI charge. If you do drive as part of your job, you may be required to report the OWI charge to your employer, or your employer might find out if you cannot complete the requirements of your job.

What If You Drive for a Living?

If you hold a Commercial Driver’s License (CDL), your driver’s license can be suspended if you are convicted of any alcohol-related offense, even while driving a personal vehicle. CDL-holders are governed by federal law (the Federal Motor Carriers Safety Regulations) and cannot avoid the mandatory license suspension.

If you have a CDL and were charged with OWI, having experienced legal representation is crucial. Elmen Legal can prepare a comprehensive legal defense to minimize the adverse effects of an OWI charge.

Does an OWI Show Up on a Background Check?

In Michigan, an OWI is a criminal offense and a traffic offense. Any alcohol-related traffic offense will appear on both your criminal record and your driving record. If an employer or potential employer runs a background check, they will see you have a conviction for OWI.

However, if you are currently employed, are not required to report an OWI charge to your employer, and can still perform your job duties, your employer is unlikely to learn of the OWI charge. Most employers do not conduct background checks on current employees. Unless your employer requires that you report misdemeanor charges, they are unlikely to find out about an OWI charge.

How Long Does a DUI Stay on Your Record in Michigan?

Under Michigan’s record expungement law, a person can have a single OWI conviction removed from their criminal record (but not their driving record) no sooner than 5 years after the end of any punishment imposed for the DUI.

If you do not seek expungement, the OWI conviction will remain part of your criminal record for the rest of your life. However, as more time passes, most employers place less weight on an OWI charge.

What Are Other Job-Related Consequences of an OWI Charge?

Even if you are not required to report the OWI charge to your employer, being charged with drunk driving can still complicate your life.

• If you have a pending OWI case, you may be restricted from traveling out of state, which could complicate work-related travel or job-related relocation.
• Doctors, lawyers, and other professionals may face additional scrutiny or even disciplinary action from state licensing boards.
• People seeking additional certifications or an advanced degree could face difficulties if a school, professional organization, or potential business partner conducts a criminal background check.
• Spending time in court, completing probation requirements, or serving a sentence could complicate your employment prospects or result in lost income or disciplinary action at work.

How Elmen Legal Can Help

If you were charged with OWI / DWI in Michigan, remember:

1. There is a vast difference between being charged with an OWI and being convicted of an OWI.
2. An OWI is a criminal offense, and you are presumed innocent until proven guilty beyond a reasonable doubt.
3. A skilled OWI defense attorney can often negotiate a favorable outcome that might involve a plea to a lesser offense so you can avoid a conviction for OWI.

Contact Elmen Legal Today

Criminal charges for drunk driving are more than just inconvenient — they can have a lasting impact on your life and your future, and they must be taken seriously. Call (734) 707-8915 or contact Elmen Legal today to begin preparing your defense.