How a Pennsylvania DUI Can Affect your Teaching Career

September 18, 2018By Brian Manchester

A DUI can be particularly detrimental to a teacher’s career if not handled properly. The Pennsylvania School Code Section 111 requires teachers, principals, school nurses, coaches, cafeteria staff, janitors, and virtually any other employee of a school to disclose the DUI conviction to the school. This amendment became effective on September 28, 2011.

With all school employment applications, Subsection (b) of Section 111 of the Pennsylvania School Code requires a criminal history report to be obtained from the Pennsylvania State Police. Subsection (c) additionally requires the prospective teacher or school employee to submit fingerprints which will be sent to the F.B.I.

Subsection (f)(1)(3) asks specifically for convictions related to DUI to be provided.  This subsection requires a three (3) year ineligibility period for a prospective employee convicted of a second DUI if it is graded as a misdemeanor of the first degree.  Any second offense DUI where the driver’s BAC is above .16% or a refusal of chemical test, and any third or subsequent DUI offense with a BAC of .10% or higher (or an accident is involved) is graded as a misdemeanor of the first degree.  For example: In 2015 an individual is convicted of a second DUI while their BAC was .16% and received a sentence of 5 years intermediate punishment.  That person would be ineligible for prospective employment in a school until 2023 – the 2015 sentence expires in 2020 at which point the three-year ineligibility period begins to run.

As for current school employees who receive a DUI, a current school employee is not automatically rendered ineligible if they receive a DUI. However, fact that a DUI is not an offense that requires automatic period of ineligibility for a current employee should be of little comfort to current employees that get a DUI. It is still probable that they could be subjected to the ineligibility provisions, given Subsection (f.2) states that nothing in this subsection shall interfere with a school’s ability to make employment, discipline, or termination decisions. Thus, the school is free to terminate a current employee because of the DUI, in which case the employee would be seeking prospective employment. Therefore, because a prospective employee is ineligible for three (3) years from the expiration of their sentence, the terminated employee would not be able to gain new employment at a school until the period of ineligibility ended. Lastly, current teachers with a qualifying DUI would not be able to move to a new school district under any circumstances until the completion of their period of eligibility. In essence, if you are a current school employee charged with a DUI, your best option is to find a way to keep your current position.

You Shouldn’t Assume You’ll Lose Your Job or Teaching Credential

It is important to know your options if you are a teacher charged with DUI, and you should not assume that you will lose your job or teaching credential. Brian Manchester has extensive training in DUI defense and is even a member of the National College for DUI Defense, the American Chemical Society, and the Society of Forensic Toxicologists. Brian Manchester also regularly attends seminars that specifically focus on DUI defenses, and he was also the Educational Chairman for the Pennsylvania Association of Drunk Driving Defense Attorneys. For a free consultation, we can be contacted at 1-800-243-4878.

Posted in: DUI Blog , Professional License

Tags: DUI, Pennsylvania DUI Attorneys Blog, Teachers, Teaching License,

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About the Author

Brian Manchester is the owner of Manchester and Associates in Bellefonte, Pennsylvania. His law firm practices DUI and Criminal Defense exclusively throughout the entire state of Pennsylvania in both state and federal court. He has a team of two other lawyers with a combined 50 years of trial and courtroom experience are also trained in science and many other skills that are relevant to criminal defense to include the psychology of persuasion as well. One of his associates is a former District Attorney (chief prosecutor) in central Pennsylvania.   Mr. Manchester and his team routinely handle serious felony cases including murder, manslaughter, sex crimes, complex financial crimes, and serious assaults. A large part of Mr. Manchester’s practice is the defense of alcohol and drug-based DUI offenses as well as drug cases using science and analytical chemistry. Mr. Manchester has training as a Standardized Field Sobriety Testing Instructor. He is one of a handful of Certified Lawyer-Scientists as recognized by the American Chemical Society in the United States. He is a member of NCDD and is a Founding Member of DUIDLA. He is also a member of the American Chemical Society with over 170,000 members across the world. To date, he is the only practicing criminal defense lawyer to belong to the Society of Forensic Toxicologist where he is an Associate Member. Mr. Manchester speaks nationally on the topic of blood and drug testing for alcohol as well as the metrological (measurement uncertainty) in forensic testing.

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Client Testimonials

  • “Mr. Manchester is the lawyer I would hire if accused of DWI. He is concerned for his clients and aggressively defends their cases. He has completed the most rigorous training to be one of the best DWI lawyers in the State. His determination and knowledge will serve you well when he is your attorney.”
  • “I endorse this lawyer. Mr. Manchester is well versed with the evidential pitfalls of hospital blood testing. With this knowledge, he has been able to effectively represent those accused of alcohol related offenses. Recently, Mr. Manchester has provided me with assistance on a complex blood analysis case.”
  • “I am both surprised and proud to be one of the first lawyers to highly recommend Brian as a criminal defense and DUI lawyer. Brian’s knowledge of criminal defense, and especially in the area of DUI, is unmatched. Not only does Brian possess a great working knowledge of the law, he has also dedicated himself to the underlying science necessary to successfully defend DUI and criminal cases involving blood test results. Brian is committed to excellence and receives my recommendation without reservation to those looking for a knowledgeable and committed criminal defense or DUI attorney.”
  • “Attorney Manchester is well-known for his strong work ethic. He is the type of attorney that you would like to have involved in your case. Known as a person who stands up for principle, Attorney Manchester has the guts that is needed (but sadly is missing in a lot of criminal defense attorneys) to defend the citizen accused. He is certainly not afraid to defend people who have been accused by the government of being in violation of the law. His favorite two words seems to be “Prove it!””
  • “Brian Manchester is a knowledgeable, dedicated attorney, with the skill and ability to successfully defend citizens who are accused of driving under the influence. I highly recommend Brian.”

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