Administrative Law Topics: DUI

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.

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.

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).

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.  

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.