A DUI conviction can be a serious obstacle in many ways, many of which you may not have considered. If you currently hold or are applying for a security clearance, a DUI can potentially limit your future goals, whether that includes working for the federal government, a defense contractor, or any of the many other clearance-requiring employers. A single DUI conviction can raise red flags about your reliability, judgment, and trustworthiness.
The stakes can be particularly high in Maryland, where many residents are employed in or around the D.C. metro area in jobs that are clearance sensitive. It is important to understand how a DUI could potentially impact your ability to obtain or maintain a security clearance. An experienced Baltimore, MD DUI attorney will explore every possible defense on your behalf, working aggressively to prevent you from dealing with future fallout from a DUI conviction.
Security clearances govern access to classified national security information and are "tiered." There are three levels of security clearance: Confidential, Secret, and Top Secret. Obtaining a security clearance is heavily dependent on personal conduct, and certain behaviors can disqualify a person from obtaining a security clearance or lead to a revocation.
Confidential security clearances grant access to information that could compromise national security if disclosed. Secret security clearances grant access to information that could cause serious harm to national security, and Top-Secret security clearances grant access to information that could cause grave harm to national security if disclosed. Personal conduct issues that are often considered disqualifying factors in obtaining or keeping a security clearance include:
Exhaustive background checks will reveal a DUI arrest or conviction for those seeking a job that requires a security clearance. But for those who already have security clearance, what are the reporting requirements? While the reporting requirements may differ slightly from one company to another, individuals holding security clearances have a duty to report any legal issues promptly, including DUI charges.
Failure to report an incident can lead to more severe consequences, including the potential revocation of a security clearance. Timely and transparent reporting is crucial for demonstrating compliance with clearance requirements. If convicted, whether or not jail is involved can have an impact on security clearances. You can learn more about Maryland DUI penalties at the Maryland Department of Transportation site.
Whether an employee with a security clearance will be fired or lose their clearance depends on several factors, including the policies of the individual company. The severity of the offense – whether it is a first-time DUI and whether there are aggravating factors – will have an impact.
The manner in which the incident is reported, efforts at rehabilitation or treatment, and whether alcohol abuse is suspected are also factors that can have an effect on employment and security clearance. If this is a first-time DUI with a BAC that is barely over the legal limit, the company is immediately notified, treatment is being sought, and there are no aggravating factors, the individual may be able to keep his or her job.
A DUI arrest in Maryland can do more than cost you time, money, and your driver’s license. It can jeopardize your entire career if you hold a security clearance. It is crucial that you have a highly skilled Gaithersburg, MD DUI attorney from Diamant Gerstein, LLC to zealously defend your DUI case, coordinate with your security officer, and present a strong case for continued eligibility.
Our attorneys have strong community ties and are lifelong residents of Montgomery County. We answer our calls personally and are very hands-on. Call 301-560-2685 to schedule your initial attorney meeting. Se Habla Espanol and אנחנו מדברים עברית
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
6110 Executive Blvd, Suite 1050
Rockville, MD 20852
From our office in Rockville, Maryland, we serve clients throughout Montgomery County and the surrounding areas, including Ellicott City, Columbia, Frederick, Clarksburg, Germantown, Silver Spring, Chevy Chase, Olney, Bethesda, Gaithersburg, Potomac, Baltimore, Baltimore County, Prince George's County, Frederick County, Howard County, Charles County, Anne Arundel County, Kent County, Caroline County, and Washington County.
Results listed are not a guarantee or indication of future case results.
