Thursday, November 7, 2013

Arrested for a DWI? Do I Have to Tell My Boss/Job About it?

Delivery Driver with a NYS DWI is a deadly combo

As an Upstate DWI Lawyer I get this question a lot, Should I tell my boss about my DWI arrest?
OR Do I Have to Tell My Boss about It?

The fast answer is, No,,,

Unless you have to drive for your job and deliver goods and/or services. Because for the first 30 days after your initial appearance you will have your full driving privileges suspended (called the suspension pending prosecution for .08 or more).

For those with jobs that require driving for the job, as in delivering or visiting/consulting with clients/customers you are not going to be able to drive for those reasons. The hardship license privilege to be awarded by the judge will strictly be for TO and FROM a job or job site NOT FOR work purposes. So if you are a plumber or an electrician or a salesperson or a social worker or an accountant or account representative or a delivery driver of any type you can not do your job. You can not visit with multiple clients or deliver goods or services door to door so to speak.

After the first 30 days you can apply at the NYS DMV for your conditional license. This will then give you the ability to drive for your job and consult and sell and drive a delivery truck.

So back to the original question, if you are one of those people who need a license to go "door to door" it is likely that you are going to have to tell your boss. Some companies will change your job for the first 30 days, some will give you inside work, and some will just lay you off (temporarily or forever).

A Potential DWI Alternative License Solution

There is one other thing that may be able to be able to be done by an attorney. If you can get into the DWI case early enough, before the suspension pending prosecution by the Court/Judge, before the initial appearance then maybe there is another solution.

The World of Many, Many Ifs

If you can be proactive, 
if he can get all the Court/DMV paperwork together,
if he can reach an agreement that is agreeable and fair based upon your situation and the facts,
then maybe your DWI charges could all be sorted between your attorney, the DA (District Attorney), and the Court to resolve your case completely at the initial appearance.

Remember this is not the best way to proceed with every DWI case. Every situation must be looked at completely as to the specific facts and the potential criminal defenses to the charges. But for some people this is a way to save their jobs, to save their ability to drive, and to bring much needed relief to a tense situation quickly.

The 9 Most FAQ About NY DWI, here:

The New York Up State DWI Survival Guide, here:

Winning The NYS DWI Refusal Case, here:

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 440 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.