When Should a Job Seeker Disclose a DUI During the Job Interview Process?

In Arizona alone, the number of arrests for driving under the influence totaled 14,000 in the past 12 months, even higher than the 10,500 the previous year, according to DUI statistics reported by the Arizona Governor’s Office. For Arizona job seekers as well as any job seeker who has a DUI on their record, when to tell a future employer during the job interview process can be a tricky situation.

“One size does not fit all here,” explains Jay Zweig, an employment law partner at Phoenix-based Bryan Cave. “Assuming the DUI occurred within the last five years, if the applicant is applying for a position that requires driving for the employer, including business travel that would require car rentals, the applicant should consider making that disclosure early in the application process.”
Zweig points out that many employers have insurers who will not permit employees with DUI’s to operate company vehicles and many automobile rental companies have similar restrictions. This is particularly true when the employee has restrictions on their driver’s license or in some cases, is required to use a breathalyzer device to start their vehicle.
For the clients that ISC works with that provide a company car as part of their compensation package, the majority of these companies are self insured. Those insurance requirements typically prohibit viable candidates from having any serious driving infractions during the past 5 years.

In other situations where driving is not required on the job and a job seeker with a DUI was not asked about their driving record on their application, he or she should still be aware that there is a good chance the DUI would show up in a background check.

If a job seeker has unfortunately received a DUI in the past 5 years, it is best for them to learn early in the process what the company’s policy is on serious driving infractions. If the company has a concrete policy that prohibits them from hiring anyone with a bad driving record, the applicant shouldn’t waste their time interviewing until they passed the five year mark, since no matter how much the company likes the applicant, they are prohibited from hiring anyone who does not pass the background check.

For companies that are more lenient, the job candidate should do their best to make a terrific first impression, and then share with them the information prior to having them learn it on the background check. In this age of being able to receive background checks within minutes of entering the data, it is far better to be forthcoming and share the information with the prospective employer, rather than having the company feel that the job candidate was trying to pull something over on them.