Do you have to report a DWI to your employer

It all depends on your profession, company policy, and legal requirements. Receiving a DWI may be an insurmountable situation, partly because most employees do not know whether or not to report the incident to their employers. If you ask yourself, “Do you have to report a DWI to your employer?”—this guide will help clarify things.

At Banks & Brower, we have years of experience guiding Indianapolis clients and addressing these nuanced situations. Below, we’ll explore whether you should notify your employer, the potential consequences, and when disclosure is mandatory.

Should You Tell Your Employer About a DWI? 

It’s not always mandatory; sometimes it’s necessary. It depends on your job, company policies, and contractual or licensing requirements. For example, if your driving record affects your ability to work, like for a delivery or truck driver, you’ll likely need to inform your employer. However, if it doesn’t impact your job and there’s no legal obligation, you can keep it private.

Do Employers Care About DWIs? 

This depends on the employer’s industry, policies, and how a DWI might impact the workplace. Some industries have strict standards for employee behavior, as outlined in Indiana Code § 16-27-2.5-2. For example, Indiana home health agencies must have written drug testing policies to operate their services safely.

Your job may require public trust, such as teachers, health care workers, or government employees. A DWI might bring dishonor to an employer. Management considers whether the offense might harm others in the workplace or even impede performance and/or damage reputation.

What Should You Do Before Reporting a DWI to Your Employer? 

Take the following precautions to handle the disclosure process carefully: 

1. Check Company Policy: Review your employment contract or HR policies for guidelines on handling criminal charges. 
2. Plan the Discussion: Be honest but concise. Explain how you’re addressing the DWI, such as taking legal steps or attending rehab if needed. 
3. Consult a Lawyer: Speak to legal experts for advice on handling your situation and reducing risks.

Can You Get Fired for a DWI? 

Yes, some employers can terminate your employment. This may happen due to policy violations, harm to the company’s reputation, or if the arrest affects your job performance. Many employers may work with you if you’re honest and take responsibility.

Will Your Employer Find Out About Your DWI? 

It’s possible, depending on the circumstances. Employers may learn about a DWI through background checks, license monitoring, or word-of-mouth. Your employer will likely find out if it leads to missed work for court or jail. 

Employers must comply with Indiana’s state and federal drug testing laws while respecting employee rights. Policies should indicate when tests occur—pre-employment, reasonable suspicion, post-accident, or random—and be fairly administered.

When Are You Required to Report a DWI? 

There are conditions in which a DWI should be disclosed to an employer:

If You Are Required to Drive for Work 

If your job involves driving, your driving record will most likely be scrutinized. A DWI can lead to license suspension, making it impossible to perform your duties. 

If You Are Contractually Obligated to Report Arrests 

Some contracts, especially in regulated industries, include clauses requiring the disclosure of any arrests or convictions. Check your employment agreement for any such clauses. 

If It Is Part of Your Employer’s Policy 

Specific organizations have policies demanding employees notify HR or management about criminal matters, including DUIs and DWIs. 

If You Need to Maintain a Professional License 

Professionals like healthcare workers, attorneys, and teachers must keep clean records to protect their licenses. Failing to disclose can lead to penalties or even license revocation.

When Not to Tell Your Employer About Your DWI 

You’re not required to tell your employer if there’s no legal or professional obligation to report it. However, ask yourself if being transparent is in your best interest.

Do You Need to Disclose a DWI When Applying for a Job? 

Sometimes. If asked about criminal history on a job application or during an interview, honesty is fundamental. It’s better to disclose upfront than risk being dismissed for dishonesty later.

How Do Employers Find Out About a DWI? 

Employers can learn about a DWI through background checks, random drug or alcohol screenings (standard in healthcare or transportation), police notifications for specific professional licenses, or if you choose to disclose it yourself.

Need Legal Guidance? Contact Banks & Brower

Are you dealing with the challenges of reporting a DWI? Banks & Brower, 8770 Purdue Road, Indianapolis, IN 46268, United States, is here to help. Our skilled DUI attorneys specialize in Indiana law and understand how it relates to employer responsibilities. Contact us today at (317) 870-0019 for a consultation.