Deciding whether to retain a driver after a violation is an important choice for the future of your company. This is especially true when crimes such as DUI are concerned. Like many other matters involving the law, the best path forward will often only become apparent after a full review of all of the facts relevant to your case. With that in mind, here are some of the general rules that could apply to your situation.
As explained on FindLaw, there are many DUI regulations that could affect both you as an employer and the commercial drivers who work for you. For example, drivers would be required to notify you promptly after they were convicted of any traffic crime. This is true even if they were convicted while driving their personal vehicles while off duty.
Certain offenses could require you to take action. It would not be illegal in most cases to employ a driver with a revoked or suspended license due to DUI, at least not for the duration of the suspension. However, to stay on the right side of employment law, it is important to understand the technical language of these rules before you take any action based on them.
One of the critical points to understand here is the difference between conviction and accusation. In some cases, it would be possible for your drivers to avoid convictions and the various consequences that accompanied them. Encouraging drivers to form an effective DUI defense could allow you to retain your most dependable and trustworthy employees legally.
Virginia law changes often. Also, various other factors could affect both your decision to retain your employees and the likelihood that they could form effective defenses to the traffic crime charges in question. Previous driving records, federal regulation and the details of the offense are all important. Therefore, please do not use this as legal advice. It is only background information.