DUI Security Clearance Appeal Lawyer

Yes, it is possible to obtain a national security clearance with a DUI on your record. However, you must understand a DUI can be a red flag for background investigators during the security clearance investigation process.

A DUI conviction can be seen as:

• A sign of substance abuse concerns, which could pose a security risk.
• Evidence of poor decision-making or reckless behavior, which may impact an applicant’s trustworthiness and reliability.
• Part of a pattern of misconduct that could raise concerns about judgment and self-control.

How you address a DUI in your security clearance application and respond to a Statement of Reasons (SOR) can significantly impact the outcome of your security clearance application or appeal. Working with an expert National Security Clearance Attorney experienced in DUI and security clearance cases can help present the strongest possible case for approval.

Many people have questions about alcohol and security clearance, and the answers sometimes fall into a gray area or require a judgment call. However, this one is clear: drinking alcohol is not grounds for denying a national security clearance.

However, your alcohol use could impact your chances of approval. Excessive alcohol consumption or alcohol-related incidents can impact your eligibility.

Security clearance investigators will assess your:

• Pattern of alcohol use – Occasional drinking is not an issue, but repeated incidents of intoxication-related misconduct can be concerning.
• Alcohol dependency or treatment history – A diagnosis of alcoholism or substance abuse disorder can raise security concerns.
• Criminal offenses involving alcohol – DUI, public intoxication, or alcohol-related violence may be seen as a trustworthiness issue.

If alcohol use has never led to reckless or illegal behavior, it is unlikely to impact your security clearance application.

Any drug can potentially create problems for someone seeking security clearance. Testing positive for or being in possession of an illegal drug can put your security clearance at risk–and it’s important to remember that under federal law, marijuana remains an illegal controlled substance. But legal drugs can also present a problem if they are misused or you have been determined to have a substance abuse problem.

Past drug use may be overcome, particularly if a significant amount of time has passed. But, the applicant will typically be required to establish that they have discontinued use and made other related life changes. And, certain agencies have their own requirements about how much time must have passed since an applicant has used illegal drugs.

Yes, criminal charges related to drugs or alcohol can trigger a review of your security clearance.

National security clearance holders must adhere to strict conduct standards. If an individual is charged with:

• DUI/DWI
• Public intoxication
• Illegal drug possession
• Alcohol-related assault

The government may determine that their behavior poses a risk to national security.

If you have security clearance and have been charged with a misdemeanor involving drugs or alcohol, you should contact a security clearance lawyer immediately to protect your clearance status.

There is no specific amount of time you must wait to qualify for security clearance after a drunk driving conviction. However, the more recent a DUI is, the more weight it is likely to carry. Recent actions are more likely to be seen as an indication of your current trustworthiness and decision-making.

When you are far removed from a DUI, it will generally be easier to establish that the incident does not reflect your current circumstances and that the issues that led to the arrest are no longer impacting your choices or actions.

The passage of time is just one factor that will be considered in assessing whether a past DUI is part of a pattern that indicates you may not be qualified for security clearance. The best way to ensure that you understand what type of evidence is required to overcome a DUI and how best to present it is to work with an experienced security clearance lawyer.