Impact of a DUI on Uber and Lyft Drivers in NJ
November 10, 2024
Ridesharing services are on the rise as a convenient transportation and income source. Many people drive for one of these services as a side job, while others transport passengers or deliver food full-time. Whether you currently drive for Uber or Lyft or wish to drive for a rideshare company, you should know that your driving record must be relatively free of traffic violations, particularly those involving DWI. Many individuals wonder how a DUI/DWI may affect their ability to become an Uber driver or continue driving for Lyft or another rideshare company after a conviction. The significance of driving under the influence of alcohol or drugs in New Jersey means much more to rideshare drivers than most, as the potential impacts of your professional prospects and current job can be devastating. Understanding these affects and how an experienced DWI defense attorney can help to potentially prevent them is crucial.
Understanding Uber’s Process for Looking Into Potential Drivers
Uber has strict driver requirements, and the employment application process includes a background check of your criminal and driving history. The criminal background check involves a search of court and motor vehicle records, not just for your home state. So, if you live in New Jersey but were convicted of a crime in another state, a background check covering multiple states, criminal databases, and the National Sex Offender Registry will reveal all convictions.
Your criminal background check must not have certain felony criminal convictions in the past seven years. Convictions for violent, sex, or fraud crimes or pending charges for those types of crimes may disqualify you unless your record reflects an acquittal or dismissal of the pending charges. The company may require further evidence to confirm your rehabilitation.
Uber’s background checks confirm several driver eligibility requirements. The company uses third-party background check companies to review your criminal and driving history. A motor vehicle report verifies the validity of your U.S. driver’s license, which must not have any disqualifying restrictions, and your driving experience of one year if you are over 25, or three years if under 25.
Other proof that you must provide is your vehicle registration, insurance, and driver’s license, all of which must be current and valid. You must also have a suitable car, a four-door vehicle under ten years old. Your car and background check must meet other requirements to drive for their elite driver branch, Uber Black, servicing exclusive passengers in luxury cars.
Effect of a DUI on Your Ability to Drive for Uber or Lyft
A DUI for alcohol or drugs may ruin your chances of becoming an Uber or Lyft driver. Your driving record must be free of any DWI/DUI for seven years before applying; otherwise, an applicant or current driver loses eligibility to drive for Uber or Lyft.
Possible Exceptions that May Allow You to be a Rideshare Driver After a DWI
Though not guaranteed, Uber can consider mitigating circumstances for your DUI case. In some cases, applicants may be eligible to become an Uber driver after the 7-year period has passed since their DUI conviction, provided they meet other requirements such as maintaining a clean driving record. For example, Uber may consider a low blood alcohol concentration, how long ago the conviction was, whether you completed the required programs for your conviction and whether you took additional steps, like getting educated or counseled for your substance abuse, to show your earnest attempt to rehabilitate. So, even with a DUI older than seven years on your record, the company may consider your clean driving record and the length of time passing between the conviction and your application to allow you to drive.
Impact of a DWI on an Existing Uber Driver
Even after you are hired, Uber does yearly background checks alerting them to felonies and DUIs to ensure safety requirements are met. Drivers must not get a DUI/DWI or risk removal from the Uber platform. If a ticket or DUI conviction appears on your background check, you may be suspended or permanently deactivated as a current driver from the platform. You may request a review of your suspension. However, you are not likely to avoid permanent removal for a DUI conviction occurring within the seven-year disqualifying period.
Requesting Reinstatement After DUI Resulting in Driver Deactivation
Reinstatement after a DUI conviction may be difficult, though it is not impossible after the seven years pass with no further violations. If allowed, you must reapply to get back on the platform, including a background check. Some drivers may be able to appeal the deactivation or suspension, especially if their conviction is older or they have successfully completed rehabilitation programs. Uber decides each driver’s individual case to determine who gets reinstated after reapplying.
Legal and Financial Effects of a DUI on Uber & Lyft Drivers in NJ
Even if Uber allows drivers to continue with the company after a DUI, their insurance premiums may increase and become cost-prohibitive to meet Uber’s insurance limits requirements. And, of course, a license suspension after a DUI would prohibit a driver from driving with Uber until their license is reinstated and they fulfill the necessary waiting period to apply for reinstatement.
A DUI in New Jersey often results in an Ignition Interlock Device (IID) installation in the convicted driver’s primary vehicle for a certain number of months or years. New Jersey now allows those with alcohol-related DWI convictions to drive with an IID to get a jump on the sentenced months or years. The sooner the IID is installed, the sooner the driver may fulfill their sentence. However, the conviction itself will still pose an issue for continued employment as an Uber or Lyft driver unless and until the company approves a driver to resume driving or approves their initial application for employment.
In any event, a DUI for a rideshare driver typically means lost income and finding an alternative job. Uber and Lyft often de-platforms drivers with DUI’s, especially those charged with these offenses while working.
Avoiding a DUI Conviction is the Surest Way to Keep Your Rideshare Driver Job Prospects Intact
Optimally, you do not get a DUI while your main or side employment is driving for Uber. But if you do, it is essential to get in touch with a seasoned New Jersey DWI defense lawyer for many reasons. Most importantly, your attorney can aggressively defend you against the charges to avoid a conviction at all costs. You may be surprised to discover that there are defenses to a DUI charge on many levels, including whether the police officer’s stoppage, field sobriety testing, arrest, and subsequent procedures were conducted properly. If not, you may be able to get the charges dismissed with help from a knowledgeable DUI attorney who can convince the court to eliminate the breathalyzer test results or other key evidence that the state is relying on to prove its case.
Call a DUI Defense Attorney to Discuss Your Case Today
If you are a potential or existing Uber or Lyft driver facing a DUI charge in Bordentown, Mount Laurel, Delran, Burlington Township, Riverside, Florence, Mount Holly, Pemberton, Lumberton, or elsewhere in the Burlington County area, contact the highly trained and experienced DWI defense attorneys at Proetta, Oliver, & Fay 24/7 to discuss your case and explore your legal options to protect your earning potential, your license, your wallet, and the personal and professional life you have worked so hard to create. Call us at (609) 850-8284 or send us a message requesting a free consultation today.