Customs officer caught drunk driving, loses bid to halt dismissal

An officer from the Customs Service (SA) was prosecuted by the Public Prosecutions Office and convicted by the Court of First Instance for drunk driving on his way to work.

He was also denied his request to suspend his dismissal order pending appeal.

He was found guilty of “Drunk Driving” under Article 90(1) of the Road Traffic Law and Aggravated Disobedience under Article 92(1). He was sentenced to nine months of imprisonment, suspended for two years.

This criminal conviction prompted the Secretary of Security to also suspend him from his job for 240 days and downgrade his professional conduct rating.

After the conviction, the SA conducted a formal review to decide if the officer could retain his job, which concluded with the Security chief issuing his dismissal on January 21, 2025.

The officer first appealed to the Court of Second Instance to prevent his dismissal, but after the appeal was rejected, the case ended in the Final Appeal Court (TUI).

Analyzing the case, the TUI noted that the decision to dismiss the officer was based on his alcohol dependence, which made him unsuitable for the job, and his failure to prove he had been rehabilitated from this dependence.

The judges collectively decided that even a temporary return would significantly harm the department’s operations and the public interest. Therefore, the appeal was ultimately denied. Ricaela Diputado