What happens to the job of a teacher when they get charged with DUI in Ontario, Canada?

Many of our clients are teachers/educators or early childhood educators (ECE) workers who get charged with impaired driving offences.

Some work in public schools such as for the TDSB and others work in private schools anywhere throughout Ontario. Whether they work in the public or private school system, if a teacher or ECE worker gets charged with an impaired driving related offence the outcome of the case will have an impact on their current and future employment. They may find themselves on the blue pages of the Ontario College of Teachers, find the charges showing up on employment background checks, or be reported to their school or professional governing body by a coworker, parent, or other third party such as CAS or the police upon arrest.

Teachers are bound by their professional governing bodies (OCT) to avoid conduct unbecoming and professional misconduct.

Conduct unbecoming generally refers to behaviour that happens outside of the classroom or at work. Inappropriate behaviour outside of school or among students, such as drinking and driving, could be viewed as grounds for a professional regulatory discipline action for conduct unbecoming.

In Canada, all impaired driving offences (DUI, DWI, over 80, failure or refusal to provide breath sample) carry an automatic criminal record upon a finding of guilt. The judge/court must sentence the accused to a conviction because all impaired driving offences carry a mandatory minimum sentence. This means a discharge (absolute or conditional) is not an available option for the Judge/court.

If the offender is a teacher, who works in the vulnerable sector (normally around children), obtaining a criminal record will be considered a huge problem for their employer and regulatory government body such as the OCT.

Those who work with children and other vulnerable people are expected to behave at the highest levels of standards both on and off the job.

No school wants parents to know that their teacher, support worker, ECE, or other employees are a convicted criminal with a criminal record. Being convicted of a DUI would probably even cause the janitor of a school to be fired. This is because any job, or even volunteering position, working around kids is held at the highest standards for behaviour both at work and away from work in Canada.

Other education workers such as childcare employees at daycares, ECE workers and business owners, and nannies also face similar consequences if charged with a DUI offence.

Childcare, nannies, and ECE workers also are members of the vulnerable sector and their jobs and businesses are governed by professional review bodies. Many of our clients who work in ECE are self employed and must adhere to the standards of their professional regulatory bodies and the government. Working with kids is always a job that requires the highest level of personal responsibility.

If someone who works with children is charged with and convicted of impaired driving, even if not at work, the concerns will be that they are setting a bad example, are unqualified for their job, may be drinking on the job, or may drive drunk with kids in the car. Even just having a criminal record is enough to disqualify them. There are virtually unlimited things that may be brought up by the person’s employer, the OTC, AECEO, the College of ECE, CAS, etc. that can cause employment and future employment problems for the accused.

Complaints can be made by the police, the child's parents, social workers, and any other third parties who know what happened. Just because someone makes a complaint does not mean it is valid, legit, or accurately reflects what happened, which is why DUI cases are often challenged in court.

Teachers, ECE workers and anyone else who works or volunteers with students or youths are also subject to vulnerable sector screening background checks that may show that they were charged or suspected by the police of committing a criminal offence regardless of the outcome of their case.

While the charges can show up regardless of the result of the background check the outcome of the case is paramount. In Canada everyone is presumed innocent until proven guilty, but criminal case information from all police forces is stored in the national RCMP CPIC database. As teaching is a vulnerable sector profession this information can show up on police background checks.

Many education professionals such as teachers have strong unions that will stand up for their job if they are accused of impaired driving and are later found to be not guilty of the criminal charges or if the charges ultimately end up being dropped (withdrawn) by the Crown Attorney.

Just because someone is charged with an impaired driving offence does not mean they will be automatically convicted in Canada.

Often the person’s charges can be dropped if their lawyer is able to identify problems with how the evidence was gathered, Charter rights violations, improper treatment by the police, etc.

Many accused just assume that since they were probably drunk behind the wheel that they will be guaranteed to be found guilty in court. This is not the case at all. It is one of the reasons why DUI/impaired driving related offences are some of the most contested in Ontario, Canada.

If you are a teacher (public or private school), ECE worker, nanny, or any other person who works with children, the outcome of your DUI case is paramount to your future career.

People who work with children and get charged with DUI related offences need to meet with a lawyer at a minimum to discuss their options. Sometimes cases can be won when the accused wrongly assumes they are unwinnable. If they received proper legal advice from a lawyer to begin with perhaps the charges could have been withdrawn or they would have been acquitted at trial.

DUIs are highly technical charges and there are many ways for mistakes to be made that can lead to you being found not guilty or having the charges dropped in one way or another.

If you are a teacher or work with kids you are expected to maintain the highest levels of behaviour in both your personal and professional life. Being convicted of a DUI offence may lead to job loss, a ruined reputation, and a future lack of employment prospects. It is in your best interest to consult with a criminal lawyer immediately to discuss your options.

If you are a teacher charged with a DUI in Canada your concerns may range from losing your job/pension to being denied entry to travel to the USA by US Customs when you retire.

We appreciate and understand that being charged with an impaired driving related offence is often a life changing event for most teachers, professors, ECE workers and other educators. Some are early in their careers and concerned about their jobs and paying bills, others are more experienced and concerned about their retirement, pensions, and their ability to travel to other countries such as the USA. Some have bought RVs and plan on going to the USA as snowbirds for up to 6 months per year to avoid the winter in Canada.

Everyone’s situation is different. Regardless of what stage you are at in your career our goal is to protect you from any and all future consequences to the highest degree possible.


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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