Can someone be fired from their job because they are charged with a DUI?

All forms of impaired driving charges can lead to being terminated from employment and show up on work background checks.

One of the first questions people ask when they are charged for a DUI offence by the police is whether they can or will be fired from their job because of it. Employers generally have the right to fire employees but may owe them severance pay particularly if they do not have cause for doing so. In most cases the outcome of the case will determine whether it equates to cause for an employer to fire them, which is why people hire lawyers to contest DUI charges in court.

Since being charged with a DUI does not equate to guilt, employers may suspend the employee, change their duties, and generally await the overall outcome of the case.

In Canada everyone charged with a crime is presumed innocent until proven guilty. For this reason most employers will suspend the employee or wait to see the outcome of their case before terminating them. If they were to fire a person just for being charged they may be subject to a lawsuit for severance, defamation, or other civil actions especially if they are ultimately found to be not guilty.

How will my employer find out I was charged? Will the police notify them?

Usually the police in Ontario will not go out of their way to tell the accused’s employer they have pressed charges for impaired driving against one of their employees, but they can if they want to. Being criminally charged is not a private matter, it is public information. Ontario’s courts are open to the public and most DUI cases will not result in a publication ban.

DUI charges are also sometimes reported in the local media, particularly in smaller cities and towns in Ontario. Some employers, particularly larger ones, may also have HR policies that require employees to notify HR if they are charged with a criminal offence. In other circumstances, the employer may find out via word of mouth.

Some accused will choose to tell their employer they were charged because they would prefer this to them finding out on their own. They may have an explanation or want to get ahead of the issue beforehand so they are not later accused of hiding it. Most criminal defence lawyers tell their clients not to talk about their case with anyone as anything they say or admit to could be used against them in court. Perhaps this provides an excuse or explanation for some who do not want to disclose it.

Will my driving while impaired/over 80 charges show up on an employee background check?

It should be noted that if the accused is ultimately convicted (by pleading guilty or by being found guilty at trial) it will show up on all forms of police background checks. A criminal record is one of the guaranteed consequences of being found guilty of impaired driving in Canada. This being said many charges are dropped before a finding of guilt or result in an acquittal at trial.

Many people who are charged for DUIs in Ontario are able to avoid a conviction particularly if they have a lawyer representing them who is trained to identify problems with their case. This is why so many DUI cases go to trial.

Professionals such as engineers, nurses, teachers, etc. also must comply with the rules of their respective regulatory bodies

Every job is different. Some people are professionals (engineers, nurses, teachers, etc.) who may be regulated by a governing body (PEO, CNO, OCT, etc.) that has “conduct unbecoming” provisions for criminal offences. Usually action will depend on whether the charge results in a conviction or not which is why a lot of accused will challenge the charges in court. Having a DUI on their record could cause them to lose their license to work in their profession or constitute cause for their employer to fire them.

It should be noted that some of these regulatory bodies, such as the CNO, will report the charges using their online public directory even while the case is pending. As such anyone who looks up the nurse's name on the CNO website will see they have been accused of impaired driving even prior to the completion of their case. Most professional regulatory bodies including the CNO require members to immediately notify them if they are charged with a criminal offence (receive a Form 9 Appearance Notice or Form 10 Undertaking from the police).

What happens if I drive for a living?

Obviously, those who drive as part of their job will have a direct impact on their employment as they may lose their driver’s license or be subject to suspensions, conditions, etc. by the MTO.

Those who drive for a living (public transit workers, truck drivers, taxi/uber drivers, etc.) risk losing their license causing them to be deemed unemployable. Employers also do not want the liability of having an employee with a history of drunk driving convictions as they may feel it reflects badly on their business or may cause liability issues in the event something related happens on the job.

Employers don’t want to be sued (found vicariously liable) in the event the employee causes an accident while on the job. This risk is heightened if they knew beforehand the employee has a history of impaired driving.


Call us today.
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving offences throughout Ontario.

Have a skilled criminal lawyer who focuses on impaired driving related charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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