With the guidance of new Board members, the Medical Board of California has recently issued much stricter penalties for physicians convicted of Driving Under the Influence of Alcohol. Our office has recently represented medical doctors with elevated DUI convictions, including those sustaining serious accidents and/or have a blood alcohol level over three times the legal limit. Despite the seriousness of their offenses, we encouraged our Clients to put their best foot forward to attempt to resolve their matter before an Accusation has been filed.
Once the Medical Board files and Accusation, the facts surrounding the arrest become public as it is posted on the DCA Breeze website. Additionally, a prosecutor from the Attorney General’s Office is assigned to the matter, and is more likely to follow the Board’s strict Disciplinary Guidelines. Moreover, as of 2022, the Medical Board is now entitled to seek cost recovery to recoup monetary compensation for the time the Board, their investigators, their attorneys, and their support staff spend on investigating and prosecuting the case against you. Recently, our office has seen the Board request extraordinary cost recovery for DUI convictions, requests have ranged from $10,000 – $40,000. These numbers are much higher than the Attorney General’s office requests for other professionals. Given the collateral consequences of an Accusation being filed, it is of the upmost importance to attempt to resolve the matter prior an Accusation being filed.
In our recent matters, we suggested that our MDs start documenting their sobriety, participate in therapy, disclose their convictions to the Wellness Committee, complete the Board’s Professionalism Program and be evaluated by a Forensic Evaluator who specialized in addiction medicine. After an interview with the Board investigator, the Medical Board offered the physicians to resolve their matter via a Public Letter of Reprimand, simply including that they had been convicted of a DUI, but void of the intrusive details of their arrest.
If you have recently sustained an arrest or conviction, you should contact an experienced professional license defense attorney as soon as possible, to help navigate you through the process and explore all potential defenses and strategies, while still available.
** This information is a sample of past results. Information provided on this website does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every case is different, and each case must be evaluated on its own merits. The circumstances of your case may differ from the results provided above. Legal Advertisement. **
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