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Delivery Drivers and a DUI

Getting arrested for a DUI can have a long-lasting impact. Unlike other minor misdemeanors, a drunk driving conviction can limit your job options after serving your sentence. A DUI can stay on your California driving record for years and may limit your prospects for jobs that require driving, including delivery drivers. It is important to fight to keep a DUI off your record so you will not be limited in the future. 

If you are facing DUI charges in the East Bay, you should act quickly to try and keep your license and avoid a criminal record. If you were arrested for domestic violence in Oakland or the East Bay, talk to an experienced California criminal defense attorney about your rights and legal defense options. 

How a DUI Affects Your Driving Record

Under California law, a drunk driving conviction will go on your criminal record and your California Department of Motor Vehicles (DMV) record. Not only will your DUI show up on a criminal background check but it can also increase your auto insurance rates for years after the conviction. 

When someone is applying for a job, the job may require a criminal background check or a driving record check. Jobs that require driving as part of the job, like a delivery driver or valet parking, may require a driving record check to make sure they have an active license and do not have any disqualifying points or convictions. 

Jobs like driving for Uber or Lyft may require a driving record check and a criminal background check. Rideshare companies will go through a background check before a driver is qualified and do an annual background check to see if there are any new convictions the driver never reported. Criminal convictions for felonies, violent crimes, sex offenses, or drunk driving may disqualify a driver.  

Delivery Drivers and DUI Records

If you get a job as a delivery driver, the employer will generally make sure you have a clean DMV record before hiring you. This includes delivery drivers for pizza restaurants like Domino's or Round Table. Drivers for food and grocery delivery apps also have to go through a driving record background check. Some of the most common food delivery apps include: 

  • Grubhub
  • Uber Eats
  • Caviar
  • Postmates
  • Instacart
  • DoorDash

Unlike a pizza or restaurant delivery driver, delivery apps generally use drivers as "independent contractors." As an independent contractor, the driver does not have an "employee-employer" relationship with the company. However, the company will still generally have the driver pass a background check before they will be approved to be a driver for the app. 

Grubhub and a DUI

Grubhub is a food delivery service that connects customers with restaurants to deliver meals from everything from fast food to wine and spirits. According to their website, there are more than 1,900 restaurants delivering to the Oakland area alone. 

Grubhub requires drivers to pass a background check. Most drivers will have to be over a certain age, depending on the city, and have a certain number of years of driving experience. Drivers also need a valid driver's license and auto insurance. Drivers then have to pass a criminal background check and a driving check. 

If you have a drunk driving conviction within the past 7 years, you may be denied from working as a driver for Grubhub. 

Uber Eats and a DUI

UberEats is the food delivery section of the company that is most well known for being a major rideshare provider across the world. UberEats has expanded from delivering just restaurant meals to include groceries and retail store products. In Fremont alone, there are more than 100 delivery options just for pizza from Uber Eats. 

According to Uber, the requirements for driving for Uber Eats include: 

  • Be at least 19 years old
  • Have a 2-door or 4-door car
  • Have a valid driver's license in your name
  • Submit your Social Security number for us to run a background screening

The background screening will look at your criminal record and driving record. Generally, you can be flagged or denied for criminal driving convictions, violent crimes, felonies, intoxication offenses, or sex offenses. 

The driving record check will look for minor and major vehicle violations. Minor violations can include speeding, driving without insurance, or running a red light. Major vehicle offenses can include reckless driving, hit and run, or driving under the influence (DUI). 

DoorDash and a DUI

Like a lot of the other delivery apps, DoorDash and Postmates use a 3rd-party company to do background checks. DoorDash, Uber, Grubhub, Postmates, and other delivery apps use Checkr to do both criminal background checks and driver and motor vehicle report (MVR) checks. A criminal background check looks at national and local criminal search records for employment checks, including looking for: 

  • Felony offenses
  • Sex crimes
  • Major vehicle offenses
  • Violent crimes 

The driver and MVR check will "search a person's driving record and history as reported from a state Department of Motor Vehicles or similar government entity which issues driver licenses." The check will include information on the driver's license status, violations, suspensions, restrictions, and other information, including any record of a DUI conviction. 

Drunk Driving Arrest While Driving for Uber

If you are driving for a Uber or Lyft while transporting a passenger, you may be held to more strict DUI restrictions. If you are delivering food, you may just be considered another driver. However, if you are transporting a rideshare passenger using Lyft or Uber, the threshold for a DUI is cut in half. Even one or two drinks may be enough to put a driver for hire over the limit. 

Uber and Lyft drivers are put into the same category as taxi drivers, limo drivers, or bus drivers when it comes to the blood alcohol concentration (BAC) limit. Under  California Vehicle Code Section 23152(e): "It shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense."

Contact an Oakland DUI Defense Attorney

East Bay attorney Lynn Gorelick has more than 39 years of DUI defense experience and understands the challenges involved in domestic violence cases. Contact a local criminal defense lawyer who understands defense strategies and plea bargain negotiations.

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