What Should You Tell Your Boss about Your DWI?

If you’ve been arrested and charged with DWI, one of the biggest dilemmas you will likely face is whether to tell your employer about it–and if so, what you should say. Are you required to tell your boss about the DWI? Could you lose your job over it? The answers to these questions may depend on your situation and circumstances, so let’s dive a bit deeper.

When Are You Required to Disclose a DWI to Your Employer?

To be clear, there is no law on the books that explicitly requires you to report a DWI to your current employer—and in fact, the law places some limits on what an employer may ask about your criminal record. However, there are a few exceptions in which you must disclose a DWI to your boss. For example:

  • If you drive as part of your job. A DWI arrest will likely trigger a temporary license suspension, affecting your ability to drive legally. Your employer may also face additional liability if they allow you to drive while under DWI restrictions. If your job involves any type of driving, commercially or otherwise, the employer must be told.
  • If your employment agreement requires it. If your contract specifically requires you to disclose arrests like DWI, you could be in breach of contract if you don’t. Likewise, if your employer has a policy requiring employees to disclose arrests, you could be fired if you’re caught withholding that information.
  • If you’re applying for a new job and you’re asked about arrests and convictions. You’re required to answer honestly on job applications, and since more and more employers are running criminal background checks, it’s likely they will find out, anyhow. It only makes you look worse if you try to cover it up.

When Is It Recommended to Tell Your Boss About Your DWI?

In the following situations, it might not be mandatory to disclose your DWI to your boss, but it still may be in your best interests. These include:

  • If your employer asks you directly about it. It might not be against the law to lie in that situation, but if your boss finds out you lied, it could get you fired, not for the DWI, but for dishonesty.
  • If it otherwise affects your ability to do your job. If a license suspension makes it difficult to go to work, or if you’re missing work due to court dates, your boss is more likely to be accommodating if you are honest about the challenges you’re facing.

When Is It Okay to Keep Your DWI Private?

If none of the above situations applies to you, and if your ability to do your job well is not impaired, you have no legal obligation to tell your employer about a DWI arrest or conviction. In that case, use your own best judgment regarding whether to disclose it and what you should say.

No matter the circumstances, and regardless of your guilt or innocence, telling your boss about your DWI is likely to be awkward and potentially risky. To ensure you don’t disclose too much or too little, always consult with your defense attorney about the best way to disclose a DWI to your employer. If you’ve been arrested for DWI, our New Hampshire DWI defense attorneys are here to help you navigate the challenges ahead. Contact Tenn And Tenn, P.A., to schedule your free initial consultation today.

Related Posts
  • Do DUIs Spike in New Hampshire During the Holidays? Read More
  • The “Drive High Get a DUI” Campaign in New Hampshire Read More
  • Impaired Driver Care Management Programs in New Hampshire Read More
Why Choose Tenn And Tenn Let Our Family Help Your Family
  • A Family Firm

    We are a family committed to providing excellent service to our clients.

  • Statewide Service
    We work hard to obtain the best results possible for clients throughout New Hampshire.
  • Trial-Tested Attorneys
    Our lawyers are experienced courtroom advocates who are ready to take your case to trial to obtain justice.
Free Injury Consultations Available Contact Us Today

Whether you have questions or you’re ready to get started, our award-winning legal team is ready to help. Complete our form below or call us at (888) 332-5855.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.