Kinney Law, pc

Spearfish Office
121 W. Hudson Street
P.O. Box 729
Spearfish, SD 57783

Phone: 605-642-2147
Fax: 605-642-4079
Spearfish Law Office Map

Rapid City Office
2040 W. Main St
Suite 103
Rapid City, SD 57702

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Sturgis Office
2275 Lazelle Street
Sturgis, SD 57785

Sturgis Law Office Map

Contact The Firm
605-642-2147
Fax 605-642-4079

Can a DUI affect job prospects in South Dakota?

Impaired driving is a serious issue that affects many people throughout the state of South Dakota. The state's Department of Public Safety reports that 28 people die every day as a result of drunk driving crashes in the United States.

There are many penalties on the books for a DUI conviction, even if it is for a first offense. During the trial, the defendant may focus on potential jail time, heavy fines and a suspended driver's license for up to one year. However, a conviction can lead to long-lasting effects even after paying the fine. The person may also have a harder time getting a new job in the future. 

Does Title VII of the Civil Rights Act of 1964 offer any protections?

Title VII prevents employers from discriminating on a number of factors. The law does not offer protections for those with criminal backgrounds. However, the Equal Employment Opportunity Commission does offer guidelines on how employers should treat any discretions in a person's past. The organization states employers should consider how long ago the criminal act occurred, the gravity of the offense committed and whether the act would impact the person's ability to handle the responsibilities of the job. For example, an employer could conduct a background check on a potential hire and discover she stole money from a previous employer. Therefore, this boss may not want to hire the person for a cashier position for fear she would steal money again. 

Does South Dakota have any laws to protect criminals?

Some states have taken action to prevent hiring managers from discriminating against individuals with criminal pasts. However, South Dakota has no such laws on the books. The state has simply issued guidelines on how employers should go about considering these job seekers with other applicants. The best thing to do to protect future job prospects is to fight a DUI charge now.

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