Administrative Law Topics: DUI

Physician Granted License After Disclosure of Boating Under the Influence

An out-of-state physician applied for his medical license in California. Prior to medical school he had a charge of boating under the influence of alcohol (BUI). He pled not guilty and was allowed to plead to a boating offense without reference to alcohol and judgment was deferred with terms and conditions. Upon completion of the terms, the record was expunged and ordered sealed.

However, when the doctor applied for his initial license in another state, he was required to accept an initial probationary license with terms and conditions pertaining to alcohol abuse.

RN with DUI Wins Public Reproval After Administrative Hearing in LA

Our client is an RN who was convicted of driving under the influence of alcohol (DUI) with a blood alcohol level measured at 0.20%. There was also a minor rear-end collision, but the registered nurse was off duty.  This was an isolated incident by an excellent RN who has strong support from a supervisor and colleagues.  Furthermore, an addiction psychiatrist determined that our client does not have an alcohol problem.

Stephen Boreman Calls on Medical Board to End Probation for Single DUI Convictions

California's attitudes toward drunk driving and the laws reflecting those attitudes, including the laws, policies and regulations of the Medical Board of California, find their roots in the political success of Mothers Against Drunk Driving (MADD), a private, non-profit organization. In 1980, Candace "Candy" Lightner founded Mothers Against Drunk Drivers (MADD) after her thirteen year old daughter, Cari, was killed by a drunk driver with a record of prior drunk driving offenses.  By 1984 the organization had attracted the attention of U.S. politicians.

Doctor with DUI Conviction Receives Public Reprimand from Medical Board

The Medical Board of California treats single DUI convictions for physicians with high blood alcohol concentrations (BAC) as serious matters, which warrant the filing of formal administrative charges by Accusation.  An “Accusation” is like a complaint in a civil case.  While the Attorney General and Board staff have generally sought probation in such matters, the clear trend for cases that proceed to an administrative hearing is a decision for Public Letter of Reprimand (PLR).

Licensed Dentist with DUI Gets Clear License from Medical Board of California

This case involves two California agencies: The Dental Board and the Medical Board.  Our client is a licensed dentist and physician.

As a California dental surgeon (DDS), our client entered an M.D. degree program in surgery. Unfortunately, in the last few months of residency, the surgeon suffered a DUI conviction. The DUI was an isolated incident, and the surgeon reported the conviction to the Dental Board. Our client does not have an alcohol problem. The Dental Board of California recongized that disciplinary action was not warranted in this case.  

Unrestricted CA Medical License Granted to Rehabilitated Medical School Graduate

An applicant with an expunged felony conviction record for possession of drugs applied to and graduated from medical school after completing probation on the criminal charges. The applicant was completely transparent with the medical school and all subsequent training programs regarding the prior conviction. He fully disclosed the record to the Medical Board on his license application, understanding that even expunged records must be reported under California law.

Nurse With DUI Wins Back Revoked License After New Administrative Hearing

Our client is a California registered nurse who was convicted of driving under the influence of alcohol (DUI) with a high blood alcohol level and a minor accident. The arrest was an isolated incident by an RN who had no prior record. A psychiatrist evaluated the nurse and found no indication of a substance abuse problem. 

Should CA RNs Report Pending DUI Cases?

California RNs often ask the question: "I have a DUI case pending in criminal court and I may go to trial or settle, should I report the case on my license renewal application?"

The answer is No.  As of the date of this article, the CA Board of Registered Nursing's license renewal application requires disclosure of criminal convictions, but not pending cases.  Some nurses ask whether they should report the case anyway to make the Board of Registered Nursing look upon them more favorably.  We have no data to suggest this approach would be helpful and do not recommend it.

RNs with a DUI: Fear Not Scary Web Sites

An RN who was convicted of driving under the influence of alcohol called in terror after reading a legal web site which stated:

"The Board of Registered Nursing is by far the harshest, with revocation as the recommended discipline for a first time DUI."