Do I Have to Tell My Employer About a Drink Driving Charge?
There is no general legal obligation to inform your employer about a drink driving charge. However, many employment contracts contain clauses requiring you to disclose criminal charges or convictions. If your contract includes such a clause, failure to disclose could itself be grounds for disciplinary action or dismissal.
Certain professions have specific regulatory requirements. Doctors, lawyers, teachers, financial services professionals and those holding security clearances are typically required to disclose criminal charges to their regulatory body. Check your professional code of conduct and your contract of employment carefully.
If your role requires you to hold a valid driving licence, you may be under a practical obligation to inform your employer. A driving ban will directly affect your ability to perform your duties, and concealing this fact could worsen the consequences.
Can I Lose My Job for Drink Driving?
Whether you can be dismissed depends on your contract, the nature of your role and the circumstances of the offence. If driving is an essential part of your job, a disqualification that prevents you from performing your duties could constitute a fair reason for dismissal. The employer must still follow a fair procedure.
Even if driving is not part of your role, some employers have conduct clauses that cover criminal offences committed outside work. The employer must act reasonably, and dismissal for a first offence where there is no impact on the role may be found to be unfair at an employment tribunal.
How a Driving Ban Affects Employment
Professional Drivers
If you hold a vocational licence such as an LGV or PCV licence, a drink driving conviction will result in the loss of that licence. The DVLA will revoke your vocational entitlement and you will need to reapply after the ban expires. This effectively ends your ability to work in the role for the duration of the ban.
For professional drivers, a drink driving conviction is likely to be career-threatening. Many haulage and passenger transport companies have zero-tolerance policies. Even after the ban expires, finding employment as a professional driver with a DR10 conviction on your licence can be extremely difficult.
Company Car Holders
A driving ban means you can no longer use your company car. Your employer may be able to offer you an alternative role that does not require driving, but is not obliged to do so. The loss of a company car may also affect your remuneration package.
Some employers allow employees to use public transport or arrange alternative travel during the ban period. However, this depends entirely on the employer's willingness and the nature of the role. Discuss your options with your solicitor before approaching your employer.
Other Roles Requiring Driving
Many roles require occasional driving, such as visiting clients, attending meetings or travelling between sites. A driving ban can make these roles difficult or impossible to perform. Your employer may consider redeployment or adjusted duties during the ban period.
If your employer cannot reasonably accommodate the loss of your licence, this may constitute grounds for dismissal. However, the employer must demonstrate that it has explored all reasonable alternatives before taking that step.
Drink Driving and DBS Checks
A drink driving conviction is a criminal offence that will appear on a Disclosure and Barring Service check. On a basic DBS check, it will appear only while it remains unspent under the Rehabilitation of Offenders Act 1974. On standard and enhanced checks, it may appear for longer depending on the filtering rules.
For roles that require a DBS check, such as working with children or vulnerable adults, a drink driving conviction will be visible to the prospective employer. The employer is required to assess the relevance of the conviction to the role. A single drink driving offence is unlikely to bar you from most DBS-checked roles, but each case is assessed individually.
How a Solicitor Can Help Protect Your Employment
A specialist solicitor can present mitigation to the court that highlights the impact of the conviction on your employment. Evidence of the potential loss of a job, the effect on dependants and the broader financial consequences can influence the court when deciding the length of the ban and the severity of the overall sentence.
Your solicitor can also advise on your obligations to your employer and professional body. In some cases, achieving a shorter ban or avoiding a conviction altogether through a successful defence can preserve your employment. Early and specialist legal advice gives you the best chance of protecting your livelihood.