Impact of a DUI or Drug Charge on Employment Security in Maryland

In 2022, almost 15,000 people were arrested for driving under the influence (DUI) in Maryland, and in 2023, arrests for drug offenses totaled 8,574. Being arrested on DUI or drug charges can be overwhelming and frightening in and of itself. However, many Maryland residents facing these charges find that a DUI or drug-related arrest causes a ripple effect that extends into their personal and professional lives.

If you’re facing a DUI or drug charge, you deserve to know how your arrest may impact your job status and future employment security. Let’s take a closer look at how these charges can impact your employment and discuss how knowing your rights as an employee can prove vital in the event that you are charged or convicted of one of these crimes.

Can I be fired for a DUI or drug charge?

For many clients, the most pressing question they want answered in the wake of DUI or drug-related charges is, “How will this affect my job?” Given the fact that tens of thousands of Maryland residents will face DUI and drug charges this year, we’ll try to answer this question as best we can.

Unfortunately, however, there’s no one-size-fits-all answer. That’s because the potential impact of DUI and drug charges on a person’s job status often depends on the type of work they do, the stipulations of their employment contract, and the specific policies of their employer. Employees in certain industries may face particularly harsh scrutiny in the event that they are charged with a criminal offense.

Here are a few examples of workers whose employment may be more vulnerable in the event of DUI or drug-related charges:

• Commercial drivers: While drivers may be terminated at their employer’s discretion in the event of criminal charges, if a commercial driver is found guilty of DUI charges, their commercial driver’s license (CDL) is generally disqualified for a minimum of one year, which can effectively derail a commercial driver’s career.
• Healthcare professionals: Licensing boards in the healthcare industry have strict standards that govern the conduct of nurses, doctors, and other professionals. If you work in the healthcare industry and are facing DUI or drug-related charges, you may be disciplined by your licensing board, and a conviction on said charges may yield even harsher disciplinary action.
• Federal employees: Individuals who work for the government may have high levels of security clearance and thus be held to a high standard of conduct. Some federal workers and government contractors stand to have their clearance revoked if they are convicted on drug or alcohol-related charges.

These are just a few examples of specific sectors that may have particularly harsh consequences for employees facing criminal charges. However, drug or alcohol charges can affect workers in every industry. It’s not uncommon for employers to build morals clauses and other zero-tolerance policies into their employment contracts, and DUI or drug charges may violate these stipulations.

Nevertheless, it’s important to keep in mind that simply being charged with a crime is not the same as being convicted, and the potential job consequences may differ significantly depending on the outcome of your case. Working with an experienced attorney is one of the best ways to safeguard your record in the event that you are charged with a DUI or drug-related offense.

Do I have to put my DUI on job applications?

Let’s say your current employer allows you to keep working after being charged or convicted. If you ever want to seek new employment down the line, you’ll likely find those charges coming back to haunt you. Many employers run background checks on prospective employees and may back out of hiring you if they discover that you have a record.

Keep in mind, however, that Maryland passed legislation in 2020 known as the “Ban the Box” law, which dictates that employers with at least 15 full-time employees may not inquire about a job-seeker’s criminal record prior to their first in-person interview. This means that employers cannot include questions about criminal charges or convictions on their job applications. They can, however, still ask about these things during an employment interview, so you should be prepared to answer honestly should you make it to that part of the hiring process. This law is intended to curb discriminatory hiring practices by preventing employers from weeding out job applicants based solely on the results of their background checks.

Employers who violate the “Ban the Box” law may receive an order compelling compliance and then penalties of up to $300 for each subsequent violation. If you are looking for a job and notice that a local employer has violated this requirement, you are well within your rights to report the violation to the Commissioner of Labor and Industry. Notably, the “Ban the Box” law also prohibits employers from retaliating against anyone who reports a perceived violation to the Commissioner.

What rights do I have as a worker in Maryland?

Here’s the thing: Maryland is an at-will employment state. That means your employer is technically allowed to terminate your employment at any time and for any reason. Subsequently, it is not unusual for employers to leverage at-will employment in an effort to terminate employees who are charged with or convicted of certain crimes.

However, at-will employment does not give an employer the right to discriminate against a protected class when making hiring decisions. While individuals with criminal records do not technically qualify as a protected class, the Equal Employment Opportunity Commission (EEOC) has deemed the use of criminal records in the hiring process to be a Title VII issue.

That’s because – in the eyes of the EEOC – excluding job applicants with criminal records may disproportionately affect members of recognized protected classes. Subsequently, if a member of a protected class with a criminal record is excluded from a job applicant pool, there may be grounds for an EEOC investigation. While not every case will rise to the standard of an investigation or a finding of discrimination, it is still important to know that there are some options available if you believe that your criminal history unjustly impacted your hireability.

What can I do if I’ve already been convicted of a DUI or drug charge?

If you have already been convicted of DUI or drug-related charges, you may be wondering what options you have to mitigate the impact of your conviction on your job prospects. Unfortunately, these kinds of convictions don’t just go away overnight, and their impact can last for years or even decades.

We often get questions about whether a DUI or drug charge can simply be expunged from a client’s record in order to maximize their employment opportunities. While most charges can be expunged for dismissals, acquittals, or certain PBJ dispositions, DUI and DWI convictions cannot be expunged, even after the waiting period.

Due to the complex nature of the expungement process, it’s highly recommended that you consult with an experienced attorney about all the options that might be available in your case. Of course, the better alternative would be to work with a trusted legal partner prior to being convicted in order to mitigate the potentially life-altering consequences you may face if you are found guilty of DUI or drug-related charges.

Final thoughts

Maryland takes DUI and drug convictions very seriously, and individual employers tend to follow suit. DUI and drug charges have the ability to disrupt nearly every aspect of your life and can singlehandedly alter the trajectory of your career. In order to protect your rights and safeguard your future employment opportunities, it’s absolutely vital that you consult with an experienced defense attorney in the event that you find yourself facing DUI or drug-related charges.

At Carey Law Office, LLC, we understand how much is on the line for individuals charged with DUI and drug offenses. With over 40 years of experience advocating for the citizens of Maryland, we know exactly what it takes to help clients from all walks of life defend their rights and their reputations.

Give us a call today or fill out our online contact form to request a free consultation with a member of our team. We’re standing by to answer your questions and help you better understand the options available to help you protect your peace of mind and your livelihood.