Collateral Damage of DUI/DUAC Arrest or Conviction

Many people understand if one is convicted of a DUI/DUAC there are certain automatic consequences.  They are (1) the sentence imposed by the court; (2) the reinstatement fee; (3) the increased insurance premium; and (4) ADSAP.  Over the years there has been another escalating punishment we call the “societal penalty”.

Simply put, over an extended period of time society and/or governments have, for whatever reasons, felt traditional punishment in these cases was not enough.  Thirty years ago none of the following factors warranted discussion as a result of a DUI arrest or conviction.

Let’s examine what’s happening today outside the legal setting when one is arrested and/or convicted of a DUI/DUAC.

1. One would be shocked to learn while applying for life insurance or individual health insurance, almost all insurance agents will tell you, a DUI/DUAC arrest and/or conviction is a controlling factor in issuing those policies.  The following is an example of an actual portion of an insurance application used in the industry today:“The following questions apply only to Proposed Insureds who are age 16 or     older    (If “Yes”, provide complete details in the Remarks Section on Page 6.)In the past 5 years, have you: a. been charged with DUI/DWI, had 2 or more moving violations, had an accident, or had your driver’s license suspended or revoked?”  yes/no
2. Believe it or not, travelling to another country even with a valid U.S. passport is beginning to be impeded by a DUI/DUAC arrest and/or conviction.  Imagine a honeymoon couple or a family flying or cruising to their destination only to have a family member denied entry into the country.  The honeymoon or vacation has been completely destroyed.Even this past year our firm has checked with many embassies to see if our clients could enter a country with a DUI/DUAC arrest or conviction.  Some of the countries we have contacted include Canada, Japan, Australia and New Zealand.  Each country’s regulations may differ from outright exclusion of entry to Australia’s policy of assigning a case worker who determines on a case by case basis if one may enter the country. We now advise all clients, while the court approves them leaving the U.S. after a DUI/DUAC arrest, to check with the embassy in the country they plan to visit to see what impediments they may encounter travelling abroad. We do this in every case we become aware of a client planning travel because all regulations are constantly subject to change.
3. Employment is a major factor in a DUI/DUAC arrest and/or conviction.  Years ago this was not a factor but today it is an overriding one and where in the past we never had to deal with an employer or Human Resource Department it is commonplace today.

The following are actual examples of employment nightmares:

• An orthopedic surgeon is arrested and upon the local hospital learning it, his hospital privileges are revoked prohibiting him from performing surgery or seeing patients in the hospital.
• Airline pilots are suspended, terminated or demoted pending the outcome of their cases.  These cases often require contacts with the FAA, and the Airline and Pilots Union.
• A school teacher is arrested and knows if she is convicted she cannot teach again.
• A nursing student at CU is arrested and cannot take the nursing boards while her DUI charge is pending and another R.N. loses her certification after her DUI conviction.
• A security exchange licensee’s employer has a policy if the defendant is convicted of DUI his license is revoked (this man made an enormous amount of money every year).
• A defendant is a coach, is offered a Division I head-coaching job. When he tells the Athletic Director he has a DUI pending, he loses the job. Shortest tenure of an NCAA Coach in history!
• We are seeing employers ordering mandatory treatment ranging from an evaluation and recommendation by Behavioral Health Services to intensive in/out patient treatment.

These have been just a few examples of the societal/governmental impact of a DUI/DUAC arrest or conviction.  It appears, based on the recent past, these additional “punishments” will continue to escalate.