Driving While Ability Impaired (DWAI) is a serious offense in Colorado that can have far-reaching consequences. Many individuals who face this charge wonder about its long-term impact, particularly when it comes to employment opportunities.
Let’s explore the intricacies of DWAI in Colorado, its appearance on background checks, and its potential effects on your career prospects.
Understanding DWAI in Colorado
Before diving into the employment implications, let’s first define what DWAI means in Colorado.
What Is a DWAI?
DWAI Colorado stands for Driving While Ability Impaired. It's a lesser offense than a DUI (Driving Under the Influence) but still carries significant legal consequences. In Colorado, this charge can be given even when your blood alcohol content (BAC) is lower than what's needed for a DUI.
If alcohol, drugs, or both affect your driving in any way, you could face a DWAI. The BAC range for this offense is .051 to .079, which is quite a bit lower than a DUI. So, even if you're not legally drunk, you could still get in trouble if your driving is impaired.
DWAI vs. DUI: Key Differences
- BAC Levels: DWAI (.051 - .079) vs. DUI (0.08 or higher)
- Penalties: Generally less severe for DWAI, but still significant
- Legal Implications: Both are criminal offenses, but DWAI is considered less serious
Does a DWAI Show Up on Background Checks?
The short answer is yes, a DWAI can show up on background checks in Colorado. However, the situation is more nuanced than a simple yes or no.
Types of Background Checks
- Criminal Background Checks: A DWAI will typically appear on these
- Driving Record Checks: Definitely visible here
- Employment Background Checks: May or may not include DWAI, depending on the scope of the offense, the law enforcement agency, and the location
Factors Affecting Visibility
- Time Since Conviction: Some employers only look back a certain number of years
- Type of Job: Positions involving driving or security clearance may have more thorough checks
- Expungement: In some cases, a DWAI may be eligible for expungement, potentially removing it from certain background checks
Can a DWAI Ruin Your Employment?
The million-dollar question: Can a DWAI ruin your employment? Much like the background check question, the answer isn't straightforward and depends on various factors.
Immediate Employment Consequences
- Current Job: If you're employed when you get a DWAI, your employer may:
- Terminate your employment (especially if driving is part of your job)
- Suspend you pending the outcome of your case
- Require you to disclose the charge
- Job Applications: You may need to disclose a DWAI on job applications, which could affect your chances
Long-Term Career Impact
The long-term effects of a DWAI on your career can vary widely:
- Industry-Specific Concerns: Some industries are more sensitive to DWAI convictions
- Professional Licenses: Certain licenses may be at risk or require disclosure
- Career Advancement: A DWAI could potentially limit promotion opportunities
How a DWAI Can Affect Employment in Different Sectors
Getting charged with DWAI can mess with your work life in various ways, depending on what you do for a living. Let's take a look at how it might affect jobs in different fields:
- Transportation Industry
- Commercial drivers
- Ride-share drivers
- Delivery services
- Impact: Severe, as driving is a core job function
- Healthcare
- Impact: Moderate to severe, depending on specific role and licensing requirements
- Education
- Teachers
- Administrators
- Coaches
- Impact: Moderate, may require disclosure and could affect hiring decisions
- Finance and Banking
- Accountants
- Financial advisors
- Bank tellers
- Impact: Moderate, as trust and responsibility are key factors
- Government and Public Service
- Law enforcement
- Elected officials
- Civil servants
- Impact: Moderate to severe, depending on the position and public trust involved
Strategies to Mitigate the Impact of a DWAI on Your Career
When dealing with a DWAI on your record, it's important to take a proactive approach. You should address the issue directly with current or potential employers, and demonstrate how it has led to personal growth and an increased sense of responsibility.
Consider seeking legal counsel to explore options for plea bargains, reduced charges, or the possibility of expungement.
Demonstrate a focus on professional development by engaging in relevant training or education and building a strong professional network. Volunteer work can help showcase community involvement and personal growth, while helping you build new skills and references.
Throughout this process, maintain honesty and transparency, remain truthful on job applications and be prepared to discuss the DWAI and your personal growth since the incident. This will illustrate that you’ve taken the responsibility for your actions, and have committed to making sure it won’t happen again.
The Legal Landscape: DWAI and Employment Law in Colorado
It's important to understand your rights as an employee or jobseeker with a DWAI conviction. Colorado has specific employment laws that protect individuals with criminal records.
Colorado Employment Laws
Colorado has specific employment laws that protect individuals with criminal records. "Ban the Box" legislation prohibits employers from asking about criminal history on initial job applications, allowing candidates to be judged on their qualifications first.
Additionally, under Fair Chance Employment rules, employers must consider the nature of the offense, the time that has passed since the conviction, and its relevance to the job when making hiring decisions. Fair Chance Employment aims to lower recidivism, enhance public safety, and boost job creation by encouraging employers in Colorado and beyond to hire individuals with criminal records. This initiative supports "fair chance hiring" to provide justice-involved individuals with employment opportunities.
- Ban the Box: Colorado has "ban the box" legislation, which prohibits employers from asking about criminal history on initial job applications
- Fair Chance Employment: Employers must consider the nature of the offense, time passed, and relevance to the job
Federal Protections
On a federal level, the Equal Employment Opportunity Commission (EEOC) provides guidelines on how criminal records should be used in employment decisions, while the Fair Credit Reporting Act (FCRA) regulates the conduct and use of background checks during the hiring process.
- Equal Employment Opportunity Commission (EEOC): Provides guidelines on the use of criminal records in employment decisions
- Fair Credit Reporting Act (FCRA): Regulates how background checks can be conducted and used in employment decisions
Navigating Your Career Path with a DWAI
A DWAI in Colorado can indeed show up on background checks and potentially affect your employment prospects. However, the extent of its impact varies widely depending on factors such as the industry, the specific job, and how you handle the situation.
Key takeaways:
- Be informed: Understand how a DWAI appears on different types of background checks
- Be proactive: Address the issue head-on with employers and take steps to demonstrate personal growth
- Know your rights: Familiarize yourself with Colorado and federal employment laws
- Seek support: Consider legal counsel and career guidance to navigate this challenge
Remember, while a DWAI can present obstacles in your career path, it doesn't have to define your professional future. With the right approach, transparency, and commitment to personal growth, you can move forward and build a successful career despite this setback.
