Legal Question in DUI Law in New York

Restrictions from Job

I have recently been employed for a national non-profit organization for a month. I had a prior DWI almost 2 yrs ago that was reduced to a DWAI (NYS law .05-.09 BAC). I also refused a breathalizer in that same arrest so my driving privliges in NY State were banned on top of my driver's license being suspended. On my background check I said I hadn't been convicted of anything above a minor traffic violation and have never been convicted of a crime. As I understood, a DWAI in NY State is a violation and not a misdemeanor offense. My org., upon getting my background check now, a month after I have been employed, reported that I had lied on my application and could therefore be terminated on those grounds. However, I was allowed to stay at my position but I am now not allowed to have any alcoholic beverages during any function affiliated with my organization and/or their functions. Failure to comply with this would result in my immediate dismissal. In a nutshell, if I am at any function where alcoholic beverages are served and I consume even a sip of alcohol even when all of my work is finished at these functions, can I legally be fired. Can they do this?


Asked on 10/06/07, 2:19 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Restrictions from Job

First you did not lie on your application. A DWAI is not a crime. It is a traffic violation. It is no different nor does it carry a stiffer criminal penalty than a speeding ticket.

Further you should have a sit down with your boss. You should explain that you are not an alcoholic. It would be a good thing to have a letter from an alcohol counselor or from a Psychotherapist as to that fact. I would speak to an employment attorney about your rights in this situation.

A letter from a lawyer may be just the ticket to get them off your back.

Good luck.

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Answered on 10/12/07, 1:52 am


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