DUI and DWI arrests aren’t edge cases for employers.
They’re part of the landscape. The CDC estimates around one million DUI arrests occur every year in the United States, which means workplaces inevitably feel the ripple effects — missed shifts, safety questions, insurance reviews, and uncomfortable conversations.
What’s tricky isn’t recognizing the risk. It’s balancing it. Protecting your company without defaulting to fear. Supporting an employee without absorbing liability.
That balance is harder than most policies admit, and that’s exactly what this article digs into — the practical middle ground that actually holds up.
The Reality Employers Don’t Like to Talk About
A DUI arrest doesn’t stay outside the building.
It creeps in through scheduling gaps, insurance questions, and those awkward pauses during meetings. And beneath it all is risk.
The National Safety Council reports that 31% of traffic fatalities in 2022 involved alcohol-impaired drivers. Once you’ve read that, it’s hard to treat a DUI as “just a personal issue,” especially if your business involves driving, machinery, or shared physical space.
Still, the instinct to react fast — suspend, terminate, announce — often causes more harm than protection. That part feels counterintuitive. But it’s true.
How to Protect Your Business Without Abandoning the Person
There’s no script here. But there is a steadier approach.
Before diving into specifics, give yourself two things: a pause and privacy. The first conversation should never happen in a hallway. Or over email. From there, the path gets clearer.
1. Don’t Confuse an Arrest With Job Performance
An arrest is serious. It’s also not proof of workplace misconduct.
Unless driving is an essential part of the role, immediate discipline can backfire. SHRM has consistently noted that inconsistent enforcement of workplace policies is a common trigger for wrongful termination claims. Translation: context matters more than outrage.
2. Encourage Legal Clarity Early
Uncertainty drains productivity. Court dates, license suspensions, and administrative hearings—it all spills into attendance and focus.
Directing an employee to an experienced criminal defense attorney for DUI/DWI cases can stabilize the situation faster than silence ever will.
Attorneys who regularly handle DWI cases understand timelines, license issues, and local court procedures, which helps employees plan realistically instead of reacting in crisis mode. Fewer surprises. Less disruption.
3. Adjust Duties Quietly When Safety Is at Stake
If driving is part of the job, temporary changes may be necessary.
The U.S. Department of Transportation recorded over 11,000 alcohol-related traffic deaths in 2022, which explains why employers can’t take chances here. Quiet reassignment protects everyone without turning the situation into office gossip.
4. Use Support Systems Without Losing Accountability
Employee Assistance Programs exist for moments like this. Counseling, substance-use resources, short-term leave options—they’re underused and often misunderstood.
Support doesn’t mean ignoring consequences. It means addressing root causes while maintaining expectations. Those two ideas aren’t enemies, even if they feel like it at first.
The Bottom Line
You’re protecting a business. You’re also dealing with someone who messed up and knows it.
Handling a DUI arrest with calm boundaries doesn’t make you weak — it makes you credible. People remember who panicked and who stayed steady. Long after the incident fades, that memory lingers. And quietly, it shapes the culture you’re building, whether you meant it to or not.
