DUI arrests can have serious consequences for individuals. However, what many people do not realize is that these consequences can be more far-reaching than they initially seem. In a lot of cases, individuals might be forced to disclose previous offenses. Disclosing a West Palm Beach DUI arrest to an employer is sometimes mandatory, depending on the employee rules. If an individual wants to know more about disclosing DUI arrests and whether it is mandatory or not, they should work with a qualified DUI lawyer that could answer their questions and advocate for them.
Information Attorneys May Collect During an Initial Consultation
During an initial consultation, attorneys want to know what the defendant believes happened to them. They want to know if they had an initial encounter with law enforcement, if it was for a traffic stop, what they believe they did wrong or what they were told they did wrong.
If a motor vehicle accident occurred as a result of the alleged DUI, the lawyer may want to know what the defendant remembers from the accident. They will ask them if anyone was with them or who they were with prior to the stop or the crash and will look for evidence or opinions from people who might say that the defendant appeared fine and sober before the accident.
Importance of Discussing the Person’s Criminal History
An attorney is looking to see what other information they can get that an officer might or that law enforcement might not necessarily have and on an initial consultation, they want to know whether or not that person has any prior criminal history, whatsoever, no matter how old. They want to know if the person had a DUI case that occurred decades before. They would rather be told that by the defendant rather than find out from a prosecutor. When the individual is not honest, intentionally or unintentionally, it does not reflect well on them.
An attorney’s job is not to predict the future, but to be prepared for the future. They can only be prepared for things that can happen if they are aware of them.
Preparing a Case
An attorney can only be prepared when a prosecutor tells them about the defendant’s record if they also know about the defendant’s record. Essentially, the attorney does not want to be surprised. They also want to protect their potential client and one of the only ways they would be able to do so is by disclosing a West Palm Beach DUI arrest. They do not want to give the government an opportunity to find out about those prior offenses. It is important to answer the questions at an initial consultation honestly and truthfully. The information needed varies from case to case.
Sometimes, the defense should take advantage of the fact that the government has to show its card first. Sometimes, they need to see what evidence the government has first before they start explaining things they do not have enough information on.
Questions an Attorney Might Ask During a DUI Consultation
The questions an attorney might ask will vary from consultation to consultation and will vary from potential client to potential client. But the general questions are:
- What does the defendant remember
- What does the attorney need to know about the individual’s past
- What potential evidence exists that could help them
Those are some of the most important things that they ask on an initial consultation for a DUI offense.
How Might an Employer Find Out About a DUI Arrest
An employer could easily find out about an impaired driving offense even if the individual has not thought of disclosing a West Palm Beach DUI arrest. An employer could find out from another employee who may have seen it and would be gossiping or from a friend, same way from the public record or ideally, the employer would find out from the individual who got arrested. They could find out from the individual who got arrested or from the public record.
Typically law enforcement does not call an employer to disclose a West Palm Beach DUI arrest. In some instances, they have. School teachers are especially vulnerable to that. An officer may take it upon themselves to notify the school board that they arrested one of their employees, but typically it comes from public information or from another individual.
Necessity of Disclosing DUI Arrests to Employers
In situations involving employers, it is wise to figure out whether disclosing a West Palm Beach DUI arrest is necessary or not. It is important to look at their employee handbook to see what their obligations are. Some employers require a person to report any arrest. Some employers or professions only expect them to report convictions. What a person would need to tell their employer would depend upon their individual rules.
As a general rule, they should tell them as little as possible, but that can be tricky. If an employer thinks that their employee is not being honest, they may fire them on the spot.
It depends on how close a person is with their immediate manager or boss, how valuable the person feels they are in the company if they need to tell them to keep their job.
Consequences of Not Sharing Information
If someone has been arrested for impaired driving in the past, they should find out whether disclosing a West Palm Beach DUI arrest to their employee is necessary because the goal in telling the employer would be to keep the job. Whether a person would lose their job or not would depend on what their employment rulebook says. If an individual wants advice on whether to disclose an arrest or not, they should speak with a capable DUI attorney that could answer their questions.