Commercial drivers in New Jersey, drivers with professional licenses or security clearances, and those who use company vehicles cannot risk a conviction for driving while intoxicated (DWI). If you are charged with DWI, keep reading. You’ll need a good New Jersey DWI attorney.
Sometimes, just being arrested for DWI can have serious employment consequences. Some employers may not keep an employee after a DWI arrest. They see it as too big a risk.
It costs employers more to insure a driver after a DWI conviction, so if the job requires driving, some employers won’t hire or keep a DWI offender.
New Jersey law requires convicted DWI offenders to drive only in a vehicle with an ignition interlock device (IID), but employers who provide work vehicles may not be willing to allow an employee to install an IID in a company vehicle.
IF YOU HOLD A PROFESSIONAL LICENSE
If you hold a professional license in New Jersey, a DWI, DUI, or refusal to test conviction may trigger disciplinary action that may include the suspension, revocation, or denial of your license.
Professional licensing boards are concerned about any offense that may suggest negligence toward the safety of others. Most licensing boards will want proof that your DWI or DUI offense was an isolated incident and that you do not have a drinking or addiction issue.
New Jersey professionals whose licenses may be suspended or revoked because of a DWI, DUI, or a refusal to test conviction include but are not limited to physicians, dentists, pharmacists, nurses, attorneys, accountants, teachers, pilots, civil engineers, and real estate agents.
A “simple” DWI probably will not result in disciplinary action. That action, however, is more likely if you were arrested with a blood alcohol content (BAC) level was over 0.15%, if anyone was injured, or if drugs other than alcohol were involved.
CAN YOU AVOID EMPLOYMENT DIFFICULTIES AFTER A DWI ARREST?
The best way to avoid employment trouble after a DWI arrest – to retain your job and your ability to find a job – is fighting the charge. Don’t plead guilty or no contest. To convict you of DWI, the state must prove your guilt “beyond a reasonable doubt,” and that may not be easy.
A New Jersey DWI attorney will challenge the evidence and testimony against you, try to discredit any breath test results, and fight for a not guilty verdict or a dismissal of the charge.
Here’s the best strategy. When you simply cannot have a DWI or DUI conviction on your record:
- If you plan to drive, don’t drink.
- If you plan to drink, arrange transportation in advance.
If you are arrested for DWI or DUI despite your best precautions:
- Be polite, but say nothing to incriminate yourself.
- Insist on your right to have your attorney present during questioning.
- Apart from asking for your attorney, exercise your right to remain silent.
NEW JERSEY DRIVERS COUNT ON THE HERNANDEZ LAW FIRM
Steven W. Hernandez represents licensed professionals, commercial drivers, and others who are charged with driving while intoxicated. He is the author of “New Jersey DWI Defense, the Law & Practice,” the book used by DWI lawyers throughout the state.
If you’re charged with DWI, DUI, or refusal to test, New Jersey DWI attorney Steven W. Hernandez has provided advice and effective defense representation to New Jersey drivers for over fifteen years. He knows what it takes to win the best possible result on your behalf.