Can you be a teacher with a DUI on your record?

Maybe. Teachers and prospective teachers may face difficulty in gaining employment or maintaining their educator positions, with a DUI or DWI conviction on their record. The true answer to this question typically depends on the severity of the DUI and the jurisdiction in which the teacher works.

With regards to new teachers, they are subject to background checks prior to being offered a position as a school teacher. These checks will inform an employer if an applicant has been convicted of a DUI offense. This type of information might be enough for a school or school board to deny a teacher a position.

As to teachers already holding a teaching position, a DUI conviction could provide a variety of different outcomes. For example:

• a teacher could keep his/her teaching job,
• a school district could decide to terminate the teacher’s employment,
• a school district policy might call for the teacher’s immediate dismissal,
• a district policy may require that the teacher be placed on suspension for a period of time, and/or
• the teacher could lose his/her teaching license or teaching certificate.

All teachers convicted of a DUI should consult with an experienced criminal defense attorney or DUI attorney to see if they can get their conviction expunged. An expungement means that the conviction will not show up on a teacher’s background check.

How does a DUI conviction affect new teachers?

A drunk driving conviction may lead to a school denying a new teacher employment.

When a new teacher applies for a teaching position, the employer will run a background check on the applicant.

A background check will disclose to the school the teacher’s criminal history/criminal record. This includes any criminal offenses that the teacher was convicted of – including any DUI convictions.

A DUI conviction could mean that the school decides to deny the teacher any type of employment. For example, the DUI charge may make a school question a teacher’s:

• reliability,
• capability to serve as a leader and role model to students,
• health and safety, and
• teaching credentials.

Note that all DUI cases are unique, meaning the facts will be different for every conviction. The more severe the facts, the stronger the likelihood that a DUI will lead to the denial of employment.

For example, if a DUI was a teacher’s first offense and he/she had an extremely low BAC, then a school probably would not deny employment. However, if field sobriety tests showed that a new teacher was highly intoxicated and later assaulted police while they were making their DUI arrest, then the teacher will likely not get a teaching position.

What about if a teacher receives a DUI while already employed as a teacher?

If a person gets employed as an educator and is then later convicted of drunk driving, several different results can take place depending on:

• the facts of the case, and
• any school district policies regarding DUI.

As to the latter, note that school districts vary when it comes to policies on DUIs. Some have none whatsoever, while others may demand that a teacher be suspended or fired for any DUI conviction.

The following are all possible outcomes if an existing teacher gets arrested and convicted of DUI:

• the teacher may keep his/her teaching job and the school may take no disciplinary action,
• a school may decide to terminate the teacher’s employment,
• a school district policy might call for the teacher’s immediate dismissal,
• a school district policy may require that the teacher be placed on suspension for a certain period of time, and/or
• the teacher could receive a professional license suspension or lose his/her teaching certificate.

As with new teachers, note that it is more likely that a DUI will negatively affect a teacher’s job/career when the case involves harsh or severe facts, like:

• elevated BACs,
• injuries,
• extended jail time,
• felony charges, and/or
• multiple convictions.

When considering possible outcomes, teachers must also consider that they will likely receive a driving license suspension following a DUI arrest. This might mean that a teacher can no longer make the commute to his/her job.

Can an expungement help?

Yes. The law on sealing or expunging a criminal record differs from state to state. But, at the very least, most states offer a procedure for expunging or sealing a misdemeanor DUI. And many states allow people to petition to reduce a felony to a misdemeanor under some circumstances.

An expunged offense means that it will not show up on a background check, and thus, will keep an employer from learning about a conviction. This makes it easier for a teacher to get employed, or stay employed, following a DUI charge.

Since expungement laws differ among jurisdictions, a teacher convicted of DUI should contact a skilled DUI defense lawyer or DUI lawyer for help. An attorney will be able to:

• educate a person on expungement laws, and
• maybe even help a teacher get a conviction expunged.

Can you be a teacher with a DUI in California?

California does not necessarily preclude people from becoming or remaining teachers because of a DUI conviction. But school districts and private schools conduct careful background checks and a DUI record is a factor they may consider when deciding whether to offer one a position or impose disciplinary action against an existing teacher.

Also note that a teacher in California that gets convicted of DUI is required to report the conviction to the California Commission on Teacher Credentialing (CTC) whenever he/she either:

• applies for a teaching credential, or
• seeks to renew a credential.[i]

When a teacher reports a DUI conviction, the CTC will review the facts of the case and determine whether or not the teacher is still fit to serve as an educator.[ii]

Note that if a teacher gets a DUI in California, he/she may face consequences in addition to the possibility of losing his/her job and credentials. Some of these include:

• 3 to 5 years of informal misdemeanor probation (typically 3 years),[iii]
• DUI school ranging from 3 to 9 months (typically 3 months),[iv]
• fines and penalty assessments totaling between $1,500 and $2,000 (depending on the county),[v]
• a 6-month driver’s license suspension (though people may be able to get a restricted license or drive immediately with an IID restricted license),[vi]
• installation of an ignition interlock device for six months (unless the defendant chooses not to drive),
• up to 6 months in jail (depending on the county),[vii]
• in some counties, work release,
• attending a victim impact panel, and
• indirect consequences (such as increased car insurance premiums and harsher penalties if the defendant gets convicted of a subsequent DUI).

For more discussion, see our page on jobs you can’t get with a DUI on your record.

[i] See, for example, CTC Form 41-4, “APPLICATION FOR CREDENTIAL AUTHORIZING

PUBLIC SCHOOL SERVICE.”

[ii] See same.

[iii] Vehicle Code 23600b1 VC.

[iv] Vehicle Code 23538b VC.

[v] Vehicle Code 23536a VC.

[vi] Vehicle Code 13552a1A; and California Senate Bill 1046 (2018).

[vii] Vehicle Code 23536a VC.