DUI Charge Archives - De Bruin Law Firm

Each day in the United States, around 28 people die in drunk-driving crashes. These accidents are completely preventable which is why driving under the influence (DUI) is a serious offense.

Getting a DUI can impact your life in many ways. You may be wondering, ‘does a DUI show up on a background check?’ Read on to find the answer.

Does a DUI Show up on a Background Check?

Does a DUI show up on a background check in South Carolina? The short answer is yes. In fact, a first-offense DUI is classified as a misdemeanor in all 50 states.

Misdemeanors show up on criminal history screenings so a DUI would too. DUIs are serious crimes that can lead to jail time, license suspensions, or large fines.

It gets the misdemeanor status because it is more serious than other driving offenses. Because it is a driving offense, many assume it will only show up on a driving history check, but this is not the case.

If an employer pulls a standard background check, they will see your DUI charge even if they do not conduct a driving history check.

If you undergo a DUI arrest in South Carolina, your driver’s license will get suspended before your case goes to court. Your license will also get suspended if you refuse to undergo a breathalyzer test or have a high blood alcohol content.

Felony DUIs

Although most cases of a DUI are considered misdemeanors, these convictions can be charged in different ways depending on the situation. A first-time offender gets a DUI misdemeanor generally.

However, if the DUI leads to a serious injury or fatality, it is likely considered a felony even if it is a first-time offense. In this case, a prosecutor may add additional charges such as criminal negligence or manslaughter.

Other factors that may up the offense include the driver’s blood alcohol content and if there was a child in the car. If the license had been suspended, revoked, or restricted before the DUI, the severity of the situation may be impacted as well.

A felony charge is more likely after the third or fourth DUI offense especially if the offenses happened close together. In South Carolina, the second and third offenses are considered misdemeanors and the fourth is a felony.

The situations vary between each state, but the penalties in South Carolina increase with each offense.

DUI Charges and Your Career

Getting a DUI has many negative outcomes. Along with jail time, fines, increased insurance premiums, and the loss of your license, you will have trouble getting a job if you have a DUI.

In South Carolina, DUI and background checks are not a great combination. Once you get a DUI, you may have a permanent criminal record that can lead to few job opportunities.

If you have your license suspended, you may have no way to get to work. If your position involves having a license, you are likely to be fired.

You may get by without having a background check if you are currently employed, but if you want a different job in the future, having a DUI is going to make it harder.

Most jobs take a background check before offering you a position. Specialized employers in the medical, law and education field won’t accept anyone with a criminal record.

If you were planning on becoming a doctor, lawyer, or teacher, you will be less likely to after getting a DUI. Employers will pass on your application on that mark alone.

A DUI conviction leads to jail time in South Carolina. This means you’ll be missing work at your current job and potentially will lose it altogether.

Depending on the severity of the situation, you could have years of jail time. You’ll be dealing with one to five years of jail time with a fourth offense.

Future Employment

One DUI can have long-lasting consequences on your life and career. Even if you learned your lesson and made a one-time mistake, employers may not see it that way.

Employers may refuse to hire someone with a DUI conviction because they take it as evidence of safety risks. You won’t be trusted operating equipment or driving business vehicles.

If you harm someone while on the job, the business could face a lawsuit. Companies will see hiring someone with a DUI as a risk because they are a liability to others.

Insurance providers are also strong influencers on who a company should and should not hire. Insurance providers will increase employer premiums if they hire someone with DUI charges or convictions.

Education

If you planned to go to college, getting a DUI may stop you from going to your dream school. Colleges, specialized ones mainly, have strict policies regarding the students they admit.

If the degree you want to study required you to gain a law, nursing, or other types of license, you may not get in with a criminal record. Government agencies influence colleges when it comes to the admissions process.

The best tip we can provide is to check with a licensing agency before pursuing a certain career path. If you already are a licensed professional, the agency may require you to report your conviction or arrest.

Some agencies will let you keep your license. However, if you don’t report the conviction, they will suspend or revoke it.

Hiring a DUI Lawyer

So, does a DUI show up on a background check in South Carolina? Yes, and it can have long-term negative effects on your career and life overall.

Because the effect of a DUI conviction is so daunting, it is suggested to seek out a reputable DUI attorney. A DUI lawyer will guide you through the charges and legalities of your conviction.

At De Bruin Law Firm, we want to help those struggling with DUI defense. Contact us today to schedule a consultation for DUI advice and help.

Did you know that every year, about 1.5 million people are arrested for driving under the influence of alcohol?

Are you one of these 1.5 million people who have recently been arrested for drunk driving? If so, you’re probably scared and wondering what you should do next.

Getting arrested for drunk driving is no joke. Fines can be in the thousands of dollars, you can lose your license, and, you may even have to serve jail time

To prevent the worst from happening, it’s important to know what to do after being arrested for DUI.

Check out this guide to learn the important steps to take if you’re arrested for drunk driving.

1. Hire a Lawyer

Hiring a lawyer is the most important thing to do after being arrested for a DUI.

A lawyer will help you navigate the court system, build a case for you, and help you face a jury. While you should definitely hire a DUI lawyer for a felony case, it’s also important to hire one if you’re a first-time offender.

As we said in the intro, there’s a lot at stake when you’re arrested for a DUI, and hiring a lawyer is the best bet for a positive outcome.

When searching for a lawyer, it’s very important that you find someone who has experience in DUI law. DUI law is incredibly complex, which is why you never want your case handled by a general attorney.

Also, make sure to meet with lawyers for consultations before hiring and ask for references.

2. Write Down Everything

Details can mean the difference between winning and losing a DUI case, so, make sure to write down all the details as quickly as possible.

Write down everything you remember, no matter how insignificant it may seem. It’s often these insignificant details that end up meaning the most later on.

Here are some things you want to make note of:

Where you were stopped
When you were stopped
The reason the officer gave for stopping you
The name and badge number of the officer who stopped you
If a breath test was administered, and if so, what type
What you told the officer about what you had to eat and drink
Other tests the officer did

Once you write down this information, remember that you shouldn’t share it with anyone but your attorney.

3. Privatize Your Online Profiles

Remember, the state is going to be doing everything they can to build a case against you.

This is why it’s very important to not give them any ammunition via social media.

Even if your profile hasn’t been updated in a while or what’s on there has nothing to do with the charges against you, it’s very easy for things to be taken out of context.

In some cases, it may even be a good idea to delete your accounts until the trial is over.

Your lawyer can help walk you through what exactly you need to keep private and for how long.

4. Find Witnesses

Character witnesses can make a huge difference in your DUI case.

Talk to your family members and friends and ask if they’d be willing to testify on your behalf during court. Also, try to gather witnesses who saw you right before, after, or even during the stop.

It’s also important to talk to witnesses so that your attorney can gather statements from them right away. As time goes on, people tend to forget things, so fresh testimony about your state of being from an eye witness can really go a long way.

5. Locate a Bail Bondsman

If you’ve been arrested, you’re more than likely going to have to post bail.

While you can have a relative post bail for you, it’s also a good idea to use a bail bondsman. With a bail bondsman, you pay them a small fee, and then they post bail for you.

Then, you need to hold up your end of the bargain by showing up to all of your hearings. If you don’t, the bail bondsman will come after you for more money.

6. Request a Hearing With the DMV

After being arrested for a DUI, it’s also very important that you request a hearing with the DMV.

This hearing determines whether or not you can keep your driver’s license.

You should do this within 10 days of your arrest, otherwise, your license may be automatically suspended.

7. Get Ready for Court

Once you’ve done all this, it’s time to prepare for your trial.

The trial begins with an arraignment, which is when you enter your plea. A lot of times, attorneys handle the arraignments themselves, so you may not even need to show up for this.

If this is your first DUI, then you’ll likely be charged with a misdemeanor. With this, you could be charged with jail time, although this is very unusual for first offenses.

Other common penalties include fines, license suspension, license revocation, mandated DUI school, or an education or prevention program.

When you show up for court, it’s very important that you have a professional appearance. Avoid baggy pants, showing excess skin, and wearing casual clothes, like sandals or shorts.

In addition to being well-dressed, it’s also important that you show up for your hearing on time (earlier is always better) and that you’re composed and well-groomed.

Arrested for DUI: Are You Ready to Take the Next Steps?

As you can see, getting arrested for DUI is no walk in the park. But, by following the steps list above, the DUI process should go a lot smoother.

And, as we said earlier, the most important thing to do is to hire a competent lawyer to handle your case.

If you’re in need of a good lawyer for your DUI case, get in touch with us today.

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Does a DUI Show up on a Background Check in South Carolina?