Last time, we discussed how the Business Owner should understand what his employee may be going through when accused of a crime. Now we should discuss the more specific crime of Driving Under the Influence(DUI) and how this allegation affects your employees.
First, (in most cases) after a person is charged with DUI, he automatically becomes a defendant in two (yes, 2!) legal arenas. He has entered 2 perilous, stressful, expensive, time consuming games and they are games in which he must play. (In a later post, we will address whether this “he” can just as often be a “she”) The first and more immediate arena is the administrative department of transportation and the second arena is the Courts.
Second, both arenas involve the likely loss of the accused driver’s license. The laws and processes in these arenas are involved and complicated. Please consult your dreaded (“hated”) lawyer for these specifics before you are forced to address this issue).
Third, in most cases, the old war stories you heard about refusing the breath/urine/blood test and about being able to defeat or even plea bargain a DUI no longer apply! The Legislature and the Courts have modified the laws and “massaged” the evidence rules and other aspects involved. Sooo, there are few defenses and prosecutors know this. The police are better and the technology is more modern.
Fourth, as in the previous post the topics listed as “Third, Fourth, and Fifth” apply. Once someone pleads guilty or is found guilty of DUI, there still may be even more required court appearances. There will be expensive, educational classes to attend. Some of these classes may need to be attended during your normal business hours. There will likely be jail to serve and/or community service to perform. Again, the jail and public service may have to be performed during normal business hours.
Fifth, in almost all DUI scenarios, the accused will have to suffer a loss of drivers license. This area involves absolute suspensions and restricted suspensions. Each case can have differences so the specifics cannot be addressed in this post. (Yes, please consult your “hated” (sorry Paula) lawyer.
As Business Owner/Manager, you will want to be aware and understand the processes and burdens your employee is going through and will want to know what you can/should do about the potential loss of your employee’s availability for you.
NEXT TIME, Women/Ladies in the criminal law system…. Are they likely to be less involved or receive better treatment?