What Happens When a Police Officer is Charged with DUI?

Drunk driving is one of those crimes that anyone can commit. This includes members of law enforcement. Police officers work difficult, high-stress jobs, and unfortunately, many of them try to cope through the excessive use of alcohol. And if an officer chooses to get behind the wheel after drinking, they are just as dangerous as any other driver acting under the influence.

Professional Consequences for Officer DUIs Vary

A recent report from 11Alive (WXIA) delved into what professional consequences, if any, Georgia police officers face if they are arrested and/or convicted of a DUI offense. It turns out the answers vary wildly. According to 11Alive, there were 290 Georgia certified law enforcement officers arrested on suspicion of DUI over the past 5 years. Georgia’s Peace Officer Standards and Training Council (POST) has the authority to revoke an officer’s certification for DUI, which means that an individual can no longer work in any law enforcement capacity within the state.

However, a POST official told 11Alive that there was typically no automatic revocation of an officer’s certification for a DUI arrest or conviction. Instead, the Council’s position was that an officer in that situation is “generally given a chance to accept probation, pay a fine, usually attend some drug or alcohol awareness training, and then continue on with their career.”

Indeed, of the 290 officers arrested in the past 5 years, only 30 had their certifications revoked. At the same time, POST emphasizes that even if an officer is acquitted of criminal charges arising from a DUI, they could still face sanctions from the Council or their own law enforcement agencies. For instance, many officers received official reprimands from their departments. Some officers were also subject to suspension, termination, or allowed to “voluntarily resign.”

A representative of the Atlanta Police Department told 11Alive that their protocol for an officer arrested on DUI charges includes transferring them to “administrative duty with pay” while their criminal case is pending. During this time, the officer is not allowed to operate any Department-owned vehicles. If the officer is ultimately convicted, they are usually subject to a 21-day suspension.

Contact Hawkins Spizman Trial Lawyers Today

It is important to note that inconsistencies in how employers deal with employee DUI arrests is not limited to the public sector. There is no one-size-fits-all rule for the private sector either. Since Georgia is an at-will state when it comes to employment, a private employer is usually free to terminate an employee following a drunk driving arrest, even if there is ultimately no conviction. And people who work in certain sensitive positions, such as commercial truck drivers, are more likely to face termination or discipline when charged with DUI.

If you are facing drunk driving charges and need legal representation from a Board Certified Georgia DUI lawyer, contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

11alive.com/article/news/special-reports/11alive-exclusives/georgia-law-enforcement-law-dui-repercussions/