In 2023, police reported 14,130 incidents of driving under the influence of alcohol or other drugs (formally: impaired driving) in British Columbia. This figure represents a slight decrease from previous years (14,374 in 2022, and 14,785 in 2021). Despite this positive trend, the data is clear: thousands of individuals are affected by impaired driving incidents and DUI convictions every year. For anyone facing a DUI charge, and those with a DUI conviction, the road ahead presents lots of questions: Could I lose my job? Will my criminal record affect my employment prospects in the future? Should I be up front with recruiters or interviewers about my DUI?
In this guide, we’ll cover what you need to know about DUI convictions and employment, how to manage job applications, and what steps you can take to safeguard your future.
Impaired Driving Charges in British Columbia
Impaired driving offences in British Columbia are taken very seriously and are governed by a combination of provincial regulations and the Canadian Criminal Code. Penalties vary depending on the circumstances.
Immediate Roadside Prohibitions (IRPs) and Administrative Driving Prohibitions (ADPs)
In B.C., the Immediate Roadside Prohibition (IRP) and Administrative Driving Prohibition (ADP) programs are key tools used to address impaired driving. These prohibitions can be issued on the spot by police officers if you:
- Register a “Warn” or “Fail” result on an Approved Screening Device (ASD).
- Refuse to provide a breath sample.
IRPs can last anywhere from 3 to 90 days, depending on the severity of the offence. Along with the prohibition, drivers may face vehicle impoundment, fines, and mandatory participation in the Responsible Driver Program (RDP).
Criminal Code Suspensions
If an impaired driving incident is severe or involves injury, death, or a high blood alcohol concentration (BAC), charges will be laid under the Criminal Code of Canada. Upon conviction, penalties include:
- A minimum one-year driving prohibition.
- A fine starting at $1,000.
- Potential jail time, especially for repeat offences or incidents involving harm or death.
Convictions under the Criminal Code also result in a permanent criminal record.
The Responsible Driver Program
Before having their driver’s licence reinstated, many drivers with an IRP, ADP, or Criminal Code conviction must complete the provincially mandated Responsible Driver Program (RDP).
Criminal Convictions for Impaired Driving
For job seekers, the stigma of a DUI criminal record can weigh heavily on them, as it can raise concerns about:
- Workplace safety: Employers may view a DUI conviction as evidence of risk-taking behavior.
- Professionalism and trustworthiness: A criminal record can harm your credibility in roles involving financial responsibility or public-facing duties.
- Insurance implications: For roles requiring the operation of a vehicle, employers may face increased insurance premiums if they hire someone with a DUI on their record.
DUI Charges and Professional Drivers
Impact on Commercial Driver’s Licenses
In British Columbia, a DUI conviction for commercial drivers results in:
- Three-year ineligibility for a commercial driver’s license (CDL): This restriction for DUI offences can severely limit career options for individuals looking to get into the trucking, transit, and delivery industries.
- Damage to reputation: Many employers in the transportation sector prioritize a clean driving record, and a DUI may make it challenging to regain their trust.
Finding Employment and DUI Charges
Be Honest About Your Criminal Record
While disclosing a DUI conviction during the hiring process can be uncomfortable, many employers will conduct a criminal background check. If you get caught in a lie, it could lead to immediate dismissal or torpedo your chances of landing the job.
Understand Your Rights
The Canadian Human Rights Act prohibits discrimination based on pardoned offences or unrelated criminal records. If you have been convicted of criminal offences that have no bearing on the role’s responsibilities, the employer may not lawfully deny you employment on the basis of your criminal history.
Consider a Record Suspension
If you have a DUI conviction, pursuing a record suspension (formerly a pardon) can be a powerful way to improve your employment prospects. A record suspension separates your conviction from other criminal records, limiting its visibility during most standard criminal background checks.
What You Need to Know:
- Eligibility: You must complete your sentence, including fines, probation, and any community service. Depending on the offence, there is a waiting period of 5–10 years after the sentence ends.
- Process: Applications are submitted to the Parole Board of Canada, requiring documentation like court records and proof of completed sentences. The board evaluates eligibility based on good conduct and other criteria.
- Limitations: A record suspension doesn’t erase your conviction. Certain jobs, particularly those involving vulnerable populations, may still require disclosure.
At Jaswal & Krueger Criminal Defence Lawyers, we help clients understand the record suspension process and take steps to reduce the long-term impact of a DUI conviction.
How Employers View DUI Convictions
Employers approach DUI convictions differently depending on the nature of their industry:
- Private Sector Jobs: Employers may prioritize skills and experience over minor criminal records, but roles involving vulnerable populations or financial trust are likely to be more scrutinized.
- Government Jobs: These roles often require enhanced criminal record checks, which disclose a more detailed history, including pardoned offences in some cases.
- Commercial Driving: A DUI is typically a major red flag due to its impact on workplace safety and insurance costs.
