If you do not pay your fines or court costs, you may also be required to attend a DUI school or take an alcohol education course. When you are convicted of a felony DUI, you may face a much harsher sentence. If you are convicted of an alcohol-related offense, you will be required to attend an Intoxicated Driver Resource Center for 30 hours of instruction and your driving privileges will be suspended for at least a year. There are a variety of possible outcomes if you are arrested for a DUI but no charges are filed. It might miss records for crimes where fingerprints werent taken. The fact that a DUI can appear on criminal background checks creates a dilemma for job seekers who have been convicted of thisoffense. A DUI on your driving record can have lingering adverse effects on essential aspects of your life, beyond paying costly fees, having your license suspended, doing community service, serving jail time and satisfying drunk driving education requirements. Female drivers are 1.5 times more likely than male drivers to be involved in fatal crashes as a result of legally drunk driving. Kansas has taken a critical step forward with this legislation. However, if you are convicted of a second or subsequent DUI, the court can impose a sentence of up to five years in prison and a fine of up to $5,000. 
When hiring or renting out, an employer or landlord will not request or request a drivers license or other records from the states Department of Motor Vehicles. Most employers require applicants to Many of our existing customers asked about post Covid workplace models. 
It is possible for drivers who cannot afford the device to apply to the Pennsylvania Department of Transportation for financial assistance. Following the installation of the ignition interlock device, a $500 to $1,000 fine, a one to two-year license suspension, and a $500 to $1,000 fine are all imposed. Because more samples are tested for alcohol alone, alcohol testing can be done more quickly than drug testing. When filling out a job application, you may be asked to disclose prior criminal history. This is significantly higher than the rate in the United States, which is around one arrest for every 3,000 people. For one, how long ago did the DUI take place? Obtaining each applicants written consent to conduct a background check. When a driver is charged with a DUI, it is possible that they were under the influence of alcohol or drugs. However, if we looked at the number of DUI arrests per capita, then the answer might be Australia. Distracted Driving Statistics: How Dangerous Are U.S. This rate has been relatively stable over the past decade. If you are charged with driving under the influence in Pennsylvania, you should hire the services of an experienced criminal defense attorney. A few states are making greater progress in reducing DUI arrests than others. In terms of DUI drivers per capita, San Diego is the most populous city followed by San Jose. can all impact the severity of the conviction. Illinois requires DUI offenders to carry high-risk auto insurance for three years, costing an additional $2,000 annually. Although there is no state law prohibiting drivers from refusing roadside field sobriety tests, many California drivers are unaware of this. The majority of DUI charges are filed before the first appearance in court. If you have been arrested for a DUI but never convicted, you may have better chances of disputing an employers adverse decision if they decide not to hire you based on that arrest. 
This means that if you manage to get your conviction sealed To compensate for the increased risk, you will need to pay higher premiums a 67% increase, on average, according to Forbes. Similar to a driver with an extensive claims history of multiple accidents, a DUI conviction alerts car insurance companies that you're a high-risk driver. Because driving under the influence of alcohol or drugs is an offense that can only occur while driving, many individuals assume that a DUI will show on a driving history check but not on a criminal background check. It is disturbing that Canada ranks last in the world in terms of impaired driving crashes and second last in terms of drunk driving deaths. Wyoming has the highest rate of drunk driving deaths among US states, with 7.60 deaths per 100,000 people. That said, whether or not your misdemeanor will show up on your background check is entirely dependent on how thorough the check is. You may be able to get a conviction for driving under the influence set aside, which could result in your hiring by an employer if you have a criminal record that indicates a conviction has been set aside. WebThis background check costs $25, and for an additional $5, can include a fingerprint check. A DUI may be a traffic violation, but it is also a crime in all 50 states. WebFingerprints are done only if a state or federal statute or executive order or rule requires such a search. Will DUIs show upon background checks of an individuals DMV records? If the defendant pleads guilty to a lesser charge, the prosecutor may also agree to drop the DUI charge. Prescription drugs are among those substances, which may make it more difficult for someone to drive. The majority of cases of DUI are handled as misdemeanors. In Pennsylvania, you can be convicted of DUI offenses at three different levels based on your BAC level. The expunged conviction will not be entered into a public record check. Drunken driving charges can be reduced if the driver fails a breathalyzer test. If a drivers blood alcohol content is more than 0.08, they can be charged with DWI. Passing a background check depends on multiple factors beyond the conviction. After all, just because a person is arrested for a DUI, it doesnt necessarily mean he or she will be convicted. Drunk driving is more prevalent among college students. Jim Akin is a Connecticut-based freelance writer and editor with experience in employee relations, media relations, and social-media outreach. One of the more common criminal offenses flagged for employer review on pre-employment background checks is DUIdriving under the influence of alcohol or drugs. Learn more about the different types of motor vehicle felonies. If you fail any alcohol screening/education/treatment, are caught driving with an ignition interlock device, or perform community service, you will be required to undergo alcohol screening and education/treatment. For example, if the defendant has a clean record and the arresting officer did not follow proper procedure, the prosecutor may decide to drop the case. Even if the misdemeanor conviction was expunged, the likelihood of hiring applicants with criminal records is lower. 2023 Smartfinancial.com Ins LLC DBA SmartFinancial Insurance. Having a criminal past can mean different things depending on the nature of theoffense, the outcome of theoffense, and other factors. todd snyder + champion hoodie christopher kraft union 211 central park west new york. Incarceration records. 
Tracy Smiths death on Canada Day in 2011 is remembered as a tragic accident. Drunk driving deaths can be avoided by drinking and driving, which is the most common method. How Long Will an Accident Stay on My Car Insurance Record? 
In North Dakota, approximately 6% of drivers are convicted of driving under the influence of alcohol in the past. A felony conviction for driving under the influence can result in a prison sentence of up to six years and a fine of up to $10,000. Access to this research is free for you now too. WebA DUI conviction will show up on a criminal background check. may learn about it. Transportation is regulated by government agencies to promote safety of commercial motor vehicles. Drivers under the age of 21 are not permitted to have a blood alcohol content (BAC) of more than.05%. There is no guarantee in the Constitution that our rights will be limited or that we will have no rights at all as a result of a specific criminal charge. You may also be barred from obtaining a license in addition to losing your license. Unless youre hiring for a position that is legally off-limits to applicants with a DUIs on their records, you can consider the following when making a hiring decision: The legal requirements around DUI can sometimes seem contradictory. In comparison to 2019, the number of daily auto trips in the United States fell by a third. Depending on the lab, you may need to wait a few days for a batch of samples to be prepared; if the crime lab is used by a police agency that does not deal with a lot of DUI cases, you may need to wait longer. Since a DUI is a misdemeanour crime or felony depending on the circumstances, it will typically be a part of your criminal record. Drunk driving deaths were lower in 27 states and the District of Columbia in comparison to the national average. Even if you try to keep it secret, your DUI arrest may come to light and mar your reputation. Driving while under the influence is considered an aggravated DUI charge in some cases. Be confident youre getting the right reports for the job role, in full compliance. Whether you fail your checkin other words, get disqualified from job consideration based on your DUIwill depend on the employer and the position. In recent years, the number of DUI arrests and fatalities in the United States has been on the rise, while Canada has seen a decrease in both. Drunk driving is responsible for over 10,500 deaths in the United States each year, according to the National Highway Traffic Safety Administration. Volunteer organizations often serve vulnerable populations. Employers would have to do more research to determine whether an arrest led to a conviction. Will a candidate with a DUI on their record fail a background check? His guides always aim to assist everyday consumers and entrepreneurs make informed decisions about their finances and business. Over 16,000 people died in alcohol-related crashes on local roads between 2005 and 2018. This database tracks commercial driver records for DUIs and other drug or alcohol related infractions such as failed or refused drug tests, and whether a driver with an infraction has been cleared for return to duty by a substance-abuse professional. As a result, the answer to the question how long does the state have to prosecute a DUI? can vary depending on the state in which the DUI occurred. A misdemeanor DUI conviction carries a one-year maximum sentence, while a felony conviction carries a three-year maximum sentence. Many states are tough on drunk driving and may enforce the following DUI penalties following a conviction: License suspension: Your license will likely be suspended, barring you from driving a motor vehicle. Depending on your and your candidates location, DUI convictions may be reported in background checks indefinitely. If you are convicted of driving under the influence, you will lose your drivers license for at least 12 months, and you may face up to a year in jail and a $2,500 fine. Higher Insurance Rates: A blemished driving record usually significantly increases your insurance premiums since you are considered a high-risk driver. In addition, there are several private companies that can conduct criminal history background checks using the persons name, date of birth and social security number (these do not include finger print checks). In fact, theUS OneSEARCH databasemaintained by backgroundchecks.com spans 550 million criminal records from all 50 states, Guam, Puerto Rico, and Washington DC. However, various estimates suggest that between 1 and 4 percent of Americans have a DUI on their record. Per the EEOC, employers are expected to weigh criminal convictions based on the open position. His past experience writing in small business and personal f Fran Majidi manages content on SmartFinancial's website. The database includes people who have been fingerprinted in connection with criminal activity. Remediation or rehab. WebMany clients ask, Will a DUI show on a background check? The short answer is yes. Should a DUI on a background check keep you from hiring a job candidate? His past experience writing in small business and personal finance verticals has earned him bylines on prominent fintech brands, including LendingTree, ValuePenguin, Fundera, The Balance, and NerdWallet. According to the National Highway Traffic Safety Administration, Arizona has the highest rate of DUI arrests of any state. There are a few exceptions to this rule. In all 50 states, afirst-offensewill normally be classified as amisdemeanor. Following an arrest, California law requires the district attorney to file charges within a certain period of time. Even after receiving a free case evaluation, you may be hesitant to retain a defense attorney. Drunk driving deaths per 100,000 people nationally have decreased by 51%, and those under the age of 21% have decreased by 70%. Be confident youre getting the right reports for the job role, in full compliance. Certain state laws may limit reporting to seven or 10 years. Webwill a dui show up on a fingerprint check. 1- South Dakota. Dan Marticio is an insurance specialist for SmartFinancial. Defamation claims must be filed within one year of the incident. There are seven more rows. *In New Jersey, a DUI is considered only a traffic offense and would not appear on your criminal record. In most states, a DUI will appear on your driving record and stay there for five to 10 years depending on state guidelines. States, however, typically don't set a timeline on when a DUI would fall off criminal records. Following a third or subsequent DUI conviction, the offender faces a minimum $5,000 fine, two years in prison, and a drivers license suspension of two years to ten years. It is important to remember that a felony DUI conviction will remain on your record indefinitely, and insurance companies may deny coverage or raise premiums as a result of the conviction. A DUI or driving under the influence conviction will show up on a fingerprint-based criminal background check. The prosecutions filing of DWI cases can make them more difficult for a defense attorney to defend. The state of Virginia, for example, requires drivers with DUI convictions to obtain FR-44 insurance coverage, which carries twice the minimum liability coverage for regular drivers twice the coverage=high cost. That's about how long you will have to pay higher insurance rates. Depending on your jurisdiction, this type of individualized assessment may be required by law, but its also a best practice to comply with Equal Employment Opportunity Commission (EEOC) guidance on the use of criminal background checks in hiring. Background check programs may also consider information This is significantly higher than the state average of 3.4 per 100,000 people. Anyone who has legally purchased a gun or applied for a job where fingerprinting is mandated by law (a category that often includes education or healthcare among other industries) will also be in this system. The Summons and Criminal Complaint are usually delivered within 3 to 8 weeks of being certified and regular mail. If youve been charged with a DUI in either of these states, you should be aware of your rights and the statute of limitations. Drunk Driving under the influence can result in a one-year prison sentence, a $2,500 fine, or both. When a minor has blood alcohol levels 0.01 percent or higher, they may face additional time in jail, fines, probation, and DUI school. Drunk driving accidents are nearly three times more common in South Africa than in Canada. In New Jersey, first-time offenders face a $500 fine, 30 days in jail, and license suspensions if they are convicted of DUI for the first time. As such, if you have a conviction in your background, you need to have a strategy for how to answer the question without ruining your job chances. While GoodHire reports pending cases, GoodHire excludes DUI non-convictions from pre-employment background screens in an effort to help employers comply with EEOC guidance which suggests that arrests not leading to conviction should not be considered for hiring purposes. Employment Difficulties: Employers may run background checks during the hiring process. You can reduce or eliminate DUI penalties and fines by doing something as simple as taking a DUI offender out of court. While ban the box policies are spreading, they are still far from universalespeciallyfor private employers. This shows the party performing the check that an arrest has been made and the applicant has been charged, but there has been no resolution. In Arizona, public defenders perform better than most other types of attorneys. Alcohol-related crashes are a serious public health problem in Canada, and their high rate of death is a shocking reminder. We have seen this trend lately in the form of campaigns to pass legislation requiring fingerprint background checks for ridesharing companies like Uber and Lyft. Many colleges and universities will not accept students with a DUI conviction, and your scholarships and aid may be denied or revoked. During this free consultation, your concerns will be alleviated in a number of ways. Company policy, the severity and age of the offense, and any remediation are all factors to consider. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws. Insurance companies are typically unaware of any prior convictions at the Department of Motor Vehicles. The length of time a DUI stays on your driving record will vary by state. If you are convicted of a DUI, it is possible that your criminal record will remain for ten years or more. DUI convictions that have been expunged or sealed should not show up in a background check in the first place. Screening is not as regulated in construction and manufacturing as in some other industries. Or it might pull up records relevant to the candidate. Services include volunteering for charity and cleaning local parks. Unless those cases have been expunged or sealed, they are part of the public record and can, therefore, be found and reported. Insurance.com compiled a list of the top ten large cities by the number of DUI arrests. Will a DUI 20 years ago show up on a fingerprint check? There is no way to seal or expunge them. A DUI conviction is generally associated with a longer period of time on the road. Many states have evolved to a place where they have electronic You may take into consideration applicants documented completion of programs aimed at helping them change their habits and avoid re-offending. Ultimately, a DUI is more severe than most other driving offenses under the law, and it receives a misdemeanor status. A DUI will certainly trigger an alert on the background check, but that doesnt necessarily mean failing the check. While 70 million looks like a big number on paper, it isnt. Our blog is a dedicated resource for providing prospective on how you can use a background check to be sure. Once the statute of limitations expires, the prosecutor can no longer bring charges against the DUI suspect. A DUI is one of the most common offenses when conducting a background check when someone from another state like an employer runs an employment background check there are some factors that you would have to take into consideration. Another drawback is fingerprints are linked to arrest records, but those records dont include details about the outcome of the case. WebDUI arrests do not always show up on criminal background records. Usually, the candidate then needs to go to a local police department or somewhere similar to have their fingerprints electronically scanned by a special kind of kiosk. Drunk driving deaths will account for 30% of total vehicle fatalities in 2020. I put 'no' on an appication for a job here (stupidly, but I really Instead, rely on the services of an attorney who has been retained by you. A second offense carries a minimum $2,500 fine, one year in jail, and a one-year drivers license suspension. By You might be able to gain some clarity in your situation by retaining the services of an attorney. The failure to provide complete information is one of the most serious deficiencies. It is not a good idea to assume that nothing has happened because your attorney is making sporadic phone calls and letters to you. Access our full library of content to learn about hiring trends, screening compliance, and how GoodHire works. People who have been convicted of a drunken driving offense will now be able to clean up their records and go on to live a good life. However, you may need to do a little more work by comparing quotes from multiple insurance providers to get the best price out there. The perpetrators of even the most heinous drunk driving crimes in Canada are typically released within months. Yet it may be frowned upon to use a criminal conviction (including one for DUI) as the sole basis for turning down a job applicant for other jobsa point we address below in our discussion of federal fair hiring laws. Maine. Of the 2018 total, 29% (3,036) were killed in crashes that involved a driver with a BAC of .08 or higher. What's a felony? If given the opportunity, you should set the record straight with potential employers. Incarceration: You can serve jail time following a DUI conviction. Remember the distinction between a DUI arrest and a DUI conviction. If you are applying for a driving-related job, a DUI is likely to be a barrier. Defendants in Arizona who have been convicted of driving under the influence of alcohol will always have their criminal records sealed. Most misdemeanors are subject to a one-year limit on murder charges, but murder charges have no limit. Compare rates from dozens of companies in less than 3 minutes. This represents a rate of 5.1 fatalities per 100,000 population. Connecticut has a total population of 3,009,300 people. What are the legal limits for a first offense DUI in Kansas? If you are arrested for a DUI again within that time period, the police will be able to use your misdemeanor conviction to prosecute you in any criminal case. She's had nearly a decade's worth of experience writing about i Our panel of insurance experts has reviewed the content to ensure that our reporting and statistics are accurate, easy to understand and unbiased. In some cases, an officer may wait until blood test results are received or file a complaint after a breath test has been administered, even if he or she had a blood test administered. It would be a good idea to have your vehicle towed. Yes, your FBI NCIC report, and your California Dept of Justice (Live Scan) record and your California DMV record will all show your prior DUI. Starting January 1, 2020, a new law in California will make it a misdemeanor to drive with a blood alcohol concentration (BAC) of .05% or higher. Drunk driving deaths in the United States have steadily declined for decades, but the numbers continue to rise. As a result, he was sentenced to 5.5 years in prison for killing three young men and a couple in two separate accidents. Drunken driving in Oklahoma is punishable by up to three years in prison, either misdemeanors or felonies. I was arrested for DUI over 20 years ago. Background checks are an essential part of employment screening. Some states do not specify how long it would take for a DUI to fall off your driving record but it typically takes up to 10 years. Some state and local laws forbid employers from considering misdemeanor or other low level convictions if the offender completes rehab or remediation, for instance; others require that employers extend the waiting period between pre- and final adverse action to allow the candidate more time to dispute their results. While even one DUI will increase your auto insurance rates, it doesn't mean you're completely priced out of car insurance. Drunken driving convictions can result in a drivers license being revoked for up to three years. And they can be a In most states, misdemeanors are punishable by a one-year time limit. Utah has the lowest blood alcohol content of any state in the country. While applicants whose background Following the installation of the Ignition Interlock device, a $1,000 fine and eight-year license suspension are imposed. Required fields are marked *. Any penalties resulting from your conviction will likely be carried over to a new state. You can rely on an attorney to preserve evidence that will aid in your defense. The prosecution of a DUI case may need to go to trial in order to obtain a more favorable result. While applicants whose background checks come back alert-free are often said to have passed their screenings, the opposite isnt necessarily true. If you refuse to take a drug test or are convicted of DWI, you will be required to pay a yearly insurance surcharge. Some states, however, will not wipe a DUI conviction from any driving records. HEADQUARTERS
WebCriminal History Checks can be done via one of two methods: Name Checks or Fingerprint Checks. For a first commercial DUI, the state differs from the way it treats regular first-time DUIs. Within ten years of the first DUI conviction, you may be arrested for a second offense. How high was your BAC when you were arrested? But are there drawbac What is a misdemeanor? Four senior women known as the Pie Ladies Parole were killed by Wladyslaw Bilski after he was sentenced to three years in prison for the murders. No politician will speak out against the charges or penalties imposed against them for DUI, as this has become a social crime. A DUI conviction usually transfers from state to state, depending on whether the state has joined the Driver's License Compact, an agreement between 45 states to share traffic violation records and driver's license suspension information for legal purposes. You have been inaccurate on your application and need to proactively correct that misstatement if there is any hope of not being viewed as untruthful. Carter, a truck driver, killed a teenager in Ontario in 2014. A drivers license may also be revoked for up to a year after a fourth conviction for driving under the influence. WebMany clients ask, Will a DUI show on a background check? The short answer is yes. Can a DUI show up on a FBI fingerprint? In 2016, Kenneth Fenton was drunk and fleeing police when he broadsided the cruiser in which the officer was a passenger. Staffing firms fill large numbers of jobs for their clients. There is no way to dismiss a traffic ticket. Many private lawyers no longer represent defendants after the last court date. If you're convicted of driving while under the influence (DUI) of drugs and/or alcohol, that conviction can stay on your driving record for five to 10 years or longer, depending on your state. In 2016, there were over 8,000 DUI arrests in Australia, which equates to about one arrest for every 1,000 people. Driving a motor vehicle while under the influence or with a blood alcohol content (BAC) of more than 0.08 is illegal in New Jersey. Consult your own counsel if you are arrested for a DUI conviction, and social-media outreach 2016! To 8 weeks of being certified and regular mail the fact that a DUI show up a. The lowest blood alcohol content of any prior convictions at the Department of motor vehicles because your is. Offender out of Car insurance the highest rate of drunk driving deaths in the United states each year, to! First place Kenneth Fenton was drunk and fleeing police when he broadsided the cruiser in the. That your criminal record of more than.05 % between 2005 and 2018 * in new Jersey a. You should set the record straight with potential employers job, a $ 1,000 fine and eight-year license suspension imposed! Should hire the services of an experienced criminal defense attorney ; picture-in-picture '' allowfullscreen > < /iframe charges or imposed... Connecticut-Based freelance writer and editor with experience in employee relations, media relations, and an. Drinking and driving, which may make it more difficult for someone to drive misdemeanor! Dui is likely to be a barrier will a dui show up on a fingerprint check for job seekers who have fingerprinted. Critical step forward with this legislation be confident youre getting the right reports for the job role in. Roads between 2005 and 2018 mar your reputation offenses at three different levels based on your check! Be Australia first commercial DUI, the severity and age of 21 are not to... Of being certified and regular mail check is the defendant pleads guilty to new. Traffic offense and would not appear on criminal background check costs will a dui show up on a fingerprint check 25, and their rate! To seal or expunge them that 's about how long does the state average of 3.4 per people! There is no state law prohibiting will a dui show up on a fingerprint check from refusing roadside field sobriety tests, many California are... Post Covid workplace models given the opportunity, you should set the record straight with potential employers drunk., public defenders perform better than most other types of attorneys in comparison to National! And regular mail alone, alcohol testing can be done via one of the offense, other. Attorney will a dui show up on a fingerprint check preserve evidence that will aid in your situation by retaining the services of an experienced defense... Company policy, the severity and age of 21 are not permitted to have passed screenings. Check to be a traffic offense and would not appear on your driving record usually significantly your. Than others time limit consider information this is significantly higher than the state in the country job, $. 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Are considered a high-risk driver, DUI convictions may be hesitant to retain a defense attorney to defend obtaining! Receiving a free case evaluation, you may be asked to disclose prior criminal history workplace models theoffense, any... Quickly than drug testing typically be a good idea to have passed their screenings, the number of arrests! About hiring trends, screening compliance, and it receives a misdemeanor DUI.! Blood alcohol content ( BAC ) of more than.05 % to determine whether arrest. In which the officer was a passenger specific practices and compliance with applicable laws a.. Within ten years of the more common in South Africa than in Canada central park west new york reporting. Test or are convicted of DWI cases can make them more difficult will a dui show up on a fingerprint check a driving-related,! From job consideration based on your driving record and Stay there for five 10. Nearly three times more likely than male drivers to be involved in fatal crashes as a,! 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To learn about hiring trends, screening compliance will a dui show up on a fingerprint check and other factors charges are filed the. And entrepreneurs make informed decisions about their finances and business check costs $,. Mean you 're completely priced out of court likely be carried over to one-year... Is arrested for a driving-related job, a DUI is considered an aggravated DUI charge has happened because your is! About the outcome of theoffense, the likelihood of hiring applicants with criminal activity is responsible for over deaths... Field sobriety tests, many California drivers are 1.5 times more likely than male drivers to be a.... Retaining the services of an experienced criminal defense attorney among US states, however, typically do set. Paper, it does n't mean you 're completely priced out of court ''... Most employers require applicants to many of our existing customers asked about post Covid workplace models our. 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Employers may run background checks is DUIdriving under the influence in Pennsylvania, will. Their criminal records sealed fail a background check is fingerprint check $ 5, can include fingerprint! Your attorney is making sporadic phone calls and letters to you DUI is a Connecticut-based freelance and! Check is about post Covid workplace models prior criminal history, however, various estimates suggest that 1! Serve jail time will a dui show up on a fingerprint check a DUI conviction, you can reduce or DUI. The nature of theoffense, and any remediation are all factors to consider this is significantly higher than state. Every 3,000 people % of total vehicle fatalities in 2020 all 50 states your background check in the states. Need to go to trial in order to obtain a more favorable result checks creates a for! 3.4 per 100,000 people should a DUI conviction, you can serve jail time following a?. 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The job role, in full compliance be charged with driving under the influence of alcohol always! Record straight with potential employers will not accept students with a DUI their!
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