Getting arrested for OUI raises an immediate question many people don’t want to face: do I have to tell my boss? The answer isn’t simple—it genuinely depends on your specific employment situation, your job responsibilities, and what your employee handbook or contract requires.
The General Rule
Generally speaking, you don’t have to volunteer information about an arrest or charge. An arrest doesn’t mean you’re guilty. Anyone can be accused of a crime, and charges don’t prove anything. Since an accusation can damage your reputation, it’s often best to keep it private when you legally can.
However, “generally” doesn’t mean “always.” Several situations require disclosure even when you’d prefer to stay silent.
When You Must Disclose
First, check your employment contract and employee handbook carefully. Many employers require employees to report arrests, charges, or license suspensions within a certain time period—often 24 or 48 hours.
If your contract requires reporting, you must comply. Failing to report can get you fired for violating your employment agreement, even if you’re never convicted of OUI. The termination would be for breach of contract, not for the OUI itself.
Second, if your job requires driving, you need to tell your employer. An OUI arrest typically means license suspension, affecting your ability to do your job. Your employer needs to know if you can’t fulfill essential job functions.
Employers may reassign you to non-driving duties while your case is pending. This protects them from liability if you drive for work while suspended. It also demonstrates they knew about the situation and took appropriate action.
Third, if your boss asks directly, don’t lie. You might be wondering: “Can’t I just avoid the topic until asked?” Sure. But once asked point-blank, lying is worse than the OUI. Many employers will fire you for dishonesty even if they would have kept you employed despite the charge.
Licensed Professionals Have Special Rules
If you’re a licensed professional—doctor, nurse, lawyer, pharmacist, teacher, or other state-licensed occupation—check your licensing board’s reporting requirements. Many boards require reporting arrests or charges within specific time periods, separate from what your employer requires.
However, you might report to the licensing board directly rather than your employer. Read both your employment policies and your licensing board rules carefully to understand who must be told what and when.
Some licensing boards only require reporting convictions, not arrests or charges. Others require reporting any arrest, even if charges are dismissed. Some require reporting license suspensions separately from criminal charges. The requirements vary significantly by profession.
What to Say When Disclosing
If you need to tell your employer, stick to the facts without excuses or unnecessary details. A good formula: state the important fact, then explain why you’re reporting it.
Example for contract requirements: “I was arrested and charged with OUI this past weekend. I’m reporting this because our labor contract requires me to report any criminal charges against me.”
Example for driving requirements: “My driver’s license has been suspended, so I can’t drive for work today. I’m working with my attorney to determine when I can get my license restored.”
This approach is direct and professional. You’re not making excuses or volunteering details that aren’t relevant. You’re simply providing the information your employer needs to know.
Provide Positive Information When Possible
If you have information working in your favor, share it. Maybe you’ve already retained an attorney and are actively working on your defense. Maybe you expect to learn about hardship license eligibility soon. Maybe you’ve arranged alternative transportation so the suspension won’t affect your work schedule.
Sharing this information demonstrates you’re taking proactive steps and not letting the situation affect your job performance. Employers appreciate employees who handle problems responsibly.
Don’t Apologize for the Arrest
You can apologize for any inconvenience to your employer—maybe your license suspension means someone else has to handle deliveries this week. But don’t apologize for the arrest itself or admit guilt.
Remember, you’re innocent until proven guilty. Apologizing for the arrest can sound like admitting you did something wrong. Keep your language neutral and factual.
Job Hunting with a Pending OUI
If you’re applying for jobs while your OUI case is pending, read applications carefully. If the question asks “Have you ever been arrested?” you must answer yes. But if it asks only about convictions, you don’t have to mention a pending charge.
Most OUI offenses in Massachusetts are misdemeanors. If an application asks only about felony arrests or convictions, you don’t need to mention misdemeanor OUI charges. However, a third or subsequent OUI is a felony, and those must be reported if the application asks about felonies.
Timing Matters
Consider the timing of your disclosure. If you can wait until you’ve spoken with an attorney, you’ll have better information to share with your employer. You can explain the next steps, potential outcomes, and how you’re handling the situation.
Some situations don’t allow waiting. If your license is suspended immediately and you need to drive for work today, you have to tell your employer now. But if the disclosure requirement isn’t immediate, consult an attorney first.
Document Everything
If you do tell your employer, document the disclosure. Send a follow-up email confirming what you discussed: “Following up on our conversation this morning, I wanted to confirm that I reported my OUI arrest to you as required by company policy. I’m working with an attorney and will keep you updated on any developments affecting my ability to work.”
This documentation protects you if questions arise later about whether and when you reported the arrest.
Not All Employers React the Same Way
Some employers will fire you for an OUI charge, particularly if driving is essential to your job or if you work with vulnerable populations. Others won’t care as long as it doesn’t affect your work performance.
Many employers take a wait-and-see approach: they’ll reassign you temporarily if needed but won’t terminate you unless you’re convicted. This is why fighting the charges matters—beating them means keeping your job.
Get Legal Advice on Employment Issues
Your OUI defense attorney should understand how the charges might affect your employment. They can help you understand your reporting obligations, advise on what to say to your employer, and help you navigate any conflicts between fighting your case and meeting employment requirements.
Employment issues are one more reason why hiring an experienced OUI attorney quickly pays dividends. They’ve helped dozens or hundreds of clients through similar situations and know how to minimize career impact.
Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
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