Okay, I'm here. And I agree with some of what has been said. This isn't a moral issue, though. Whether or not it was right for you to drink and drive is not the question. The question is, does your behavior rise to the level of gross work related misconduct to the point that the employer had the right to terminate you the day after it happened and have you denied unemployment benerfits.
Usually the company is within their rights to fire someone whose job description involves driving a company car or to transport people, something where keeping a valid driver's license was listed in the company handbook as part of the job description or requirements if they lose their license to drive. Truck drivers who get caught for DUI during the weekends when they're not driving for the company are almost always denied benefits. But you weren't a truck driver. Driving was not your principal job, just a part of your job.
I would assume that your job, since it did involve transporting clients, is one where, if you lost your license, you could reasonably be terminated. It's sort of like you losing your license to teach, and they fire you from being a teacher.
But okay, first you say you "got a DUI." My question is, did you go in the day after you got charged, and were given a summons to appear and all that, and told them what happened? Did you have to call in to work because you were incarcerated? Did you go in and say, "Hey, guess what, I got a DUI!"
If you were not actually relieved of your license on the spot, or required to spend time in jail for which you had to be off work, I would question why you went in and told them. If, as you say, there is someone else working there who is waiting to come to trial on a DUI charge who has not informed the employer, it's not really their bad, it's enough to make me wonder why you were actually required to go in and tell them what happened?
If you weren't, of course you will say in the hearing that the reason you told them immediately was that you wanted to be perfectly open and honest with your employer, and that you wanted to handle the situation in a professional way.
You say you were fired on the spot. Exactly what did they say? Did you present this as a situation in which you had been cited, but your attorney says that you may not lose your license? Are you going to plead this down to a reckless driving (not Wreck-less, incidentally!) and be able to keep your license? Are you going to keep a restricted license? If so, did you tell your employer this? At the time you told them, did you propose any sort of alternative to them firing you? In other words, did you request that you might continue to work for them in some other sort of position until this issue was resolved? If so, you'll certainly want to mention this during the hearing.
What, to your knowledge, does the employee handbook say about maintaining a driver's license? What was your understanding about whether or not you had to report it to them immediately? What did you try to do to resolve the problem/situation? This would be how you would frame your situation.
Above all, mention that you have worked for this agency for so many years, that you have not had any problems in the past concerning any sort of issues, and your driving record has always been impecable. (If you can honestly say this!) Be sure and mention that you were on the verge of receiving a promotion.
Whatever you do, DO NOT admit you went out to celebrate your promotion and tied one on. Simply say that you were with friends, that you had had three beers over the evening and that you were stopped and charged. Say that you have retained an attorney, and (if this is true) that you have not lost your license yet, and that there is a very good possibility that the charged will be dropped and you will not be losing your license.
Do not bring up that your co worker has had a DUI charge and hasn't told them yet. Your case is unique, keep it about your case.
Do not tell them how desperately you need the money. Unemployment insurance is not a needs based program, and it does not have anything to do with your level of need, just whether or not your firing rises to the level of
work related GROSS misconduct. In other words, you did something so bad that you should have known that
it was wrong to do it, even one time AND that what you did, your bad act, was vitally related to your job.
In other words, you are caught molesting a child outside working hours. They can fire you, but they cannot stop you from being approved for unemployment benefits, because your misconduct, your gross misconduct, occurred on your own time, had nothing to do with your work as a dry wall hanger. But if you are a kindergarten teacher, it's another story. If you work at a day care, firing you for turning out to be a pornographer may qualify as work related gross misconduct. See what I'm getting at?
If you had been drunk driving and hit a bus load of children while driving on the wrong side of the interstate that would have possibly been gross misconduct for someone who is setting an example for young teens.
But it has very little to do with your keeping the requirement of the job, which is a valid driver's license, I'll bet. Forget the "moral" immplications of having someone who has been arrested for drunk driving supposed to set an example for these innocent teens. That isn't really a work requirement. Setting a moral example is a very vague concept, could involve not getting tattoos or speeding tickets. If they used that argument to justify firing you, it will not serve them well in the hearing.
Your best bet is to go in and be very professional, very low key, and state that you reported the incident, which is certainly the first of its kind in your whole lifetime, for the sake of being professional and keeping your employer updated. You were told you would be fired on the spot. The employer said, "......yada yada..." You requested that they consider your years of good service, and allow you some time to work on this situation, possibly giving you another job where driving was not a requirement. They did not agree to do so. You asked if you could re apply for your position if and when the situation was resolved and if it turns out your driver's license is not lost. You were just told to leave, that you were fired. You had always done the job to the best of your abilities, and you were very disappointed that your employer has not seen fit to give you a chance to resolve the situation before they fired you arbitrarily.
Dress nicely for the hearing. Do not bring in a beverage. Do not argue, break in or appear to have any sort of attitude, no matter what is being said. Listen carefully to what the hearing officer says. Answer any questions they may ask with care. There are several ways this could go. You may or may not have a chance, depending on how well you present, exactly what the employer's stated policies are about this situation, and the facts of your situation as far as driver's license, whether you had to do jail time, whether or not you were professional in your presentation of this incident to your employer.....you have a shot, but not by any means a slam dunk.
By the way, what did the initial decision say, verbatim, was the reason your claim was denied? That would be helpful for me to know in preparing your presentation for the appeals hearing.
You say your hearing is tomorrow. Is that New Years Day? Very interesting!