Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
I am an 1811 and was arrested off duty for a DWI in my personal vehicle. I was wondering what to expect as far as my job goes. I have never been in trouble at work and have no criminal record other than this occurrence. I have been told different things, like my job is safe, etc. I know it has happened before in my office and they did nothing to the individual. I guess my question is what to expect and do they have to be uniform across the board when disciplining for similar offenses.
A:
Agencies are supposed to consider how other employees were treated in deciding how and whether to discipline you. It is not a requirement, just a consideration. A DWI for a law enforcement official can be a problem, and most likely will be reviewed in the context of a security clearance, if one is required for your job. A simple DWI unaccompanied by other indications of alcohol and drugs or other aggravating factors will most likely not result in the loss of a job or a security clearance.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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