Comparing a DUI Conviction for a Doctor and the (Old) Arrest of VP Candidate Walz
DUI Arrests: Comparing Consequences for Politicians and Physicians
Years ago, Vice Presidential candidate Tim Walz was arrested for a DUI. He received a reduced charge and faced no job consequences. However, for a physician arrested for a DUI in 2024, the outlook is not as favorable.
DUI Charges and License Implications for Doctors
When a doctor is charged with DUI (Driving Under the Influence), the consequences can be severe, potentially impacting their medical license. This issue is exemplified by the case of Vice Presidential candidate Tim Walz, who was arrested for driving with a .128 blood alcohol level (the legal limit was .08) while speeding at 96 miles per hour in a 55 mile per hour zone. At the time, he was a school teacher and pled guilty to reckless driving. He offered to resign from his position at Alliance High School, but the principal persuaded him not to, according to court transcripts.
Key Points:
- License Implications: A DUI charge can lead to the suspension or revocation of a doctor’s medical license Licensing boards take such charges seriously, considering the potential impairment of judgment and its implications on patient care
- Case Example: Tim Walz’s case highlights the serious nature of DUI charges and their potential impact on professional careers3.
- Legal Consequences: Doctors facing DUI charges should seek immediate legal counsel to navigate the complexities of both criminal and professional repercussions.
Here is a summary of VP Candidate Walz' 1995 DUI case.
Incident Details:
- On the night of September 23, 1995, Walz, then a 31-year-old teacher, was stopped near Chadron, Nebraska.
- A Nebraska state trooper clocked him going 96 mph in a 55-mph zone.
- The trooper detected a strong smell of alcohol on his breath.
- Walz failed field sobriety and preliminary breath tests.
- He was taken to a hospital for a blood test and booked into the Dawes County Jail.
- His blood test showed an alcohol level of 0.128%, above the legal limit of 0.10%.
Legal Outcome:
- Walz pleaded guilty in March 1996 to a reduced charge of reckless driving.
- He lost his license for 90 days and was fined $200.
- After the incident, he quit drinking alcohol and now prefers Diet Mountain Dew which has 55 mgs. of Caffeine per can.
In today’s context, he might have lost his job, potentially ending his political career. Whether you support him politically or not, it’s clear that derailing an entire career path might have been excessive then or now.
Let's compare Gov. Walz' situation with a recent Medical Board case against Dr. Michael Ching. This is part of the public disciplinary record published by the medical board and news reports.
HOW DOES THE MEDICAL BOARD OF CALIFORNIA HANDLE CRIMINAL CONVICTIONS?
Every case is different but the cases below give you an idea as to how the Medical Board of California might handle a doctor's criminal conviction.
Medical Board Accusation Against Dr. Michael Scott Ching
Recently, the Medical Board filed an accusation against Dr. Michael Scott Ching following his guilty plea to a DUI. The accusation details the following:
- Incident Date: January 1, 2023
- Location: I-80 westbound near Berkeley, approximately 5:55 p.m.
- Details: Dr. Ching was involved in an automobile accident and subsequently arrested. Breath tests registered a blood alcohol content (BAC) of .12 and .11 percent.
- Injuries: A passenger in one of the cars involved sustained a chipped tooth and a cut lip.
Dr. Ching pled guilty and received no jail time.
The Accusation was based upon the conviction itself and the claim that “Respondent used alcoholic beverages to such an extent, or in a manner, as to be dangerous to himself, others, and the public.”
The normal penalty for this will be a monitored license with requirements for drug and alcohol testing and disclosures to the patients. We recently wrote about a case involving substance abuse issues and the terms for probation were extensive.
DUI Arrests and Medical License Implications for Physicians
If a physician is arrested for a DUI and pleads guilty to the DUI or a lesser offense, what happens next? Any misdemeanor conviction must be reported to the medical board, which will review the circumstances. In 98.2% of cases, the board will impose some level of supervision
Early interaction with the board is crucial, as it may be more beneficial than hopeful ignorance. Hopeful ignorance is the unrealistic belief that you might be the 1 in 1000 who dodges the bullet.
Evolving Consequences of DUI for Physicians
Times have certainly changed since Gov. Walz’s era when DUIs were considered serious but episodic rather than indicative of ongoing issues. It’s concerning that the court, after considering all factors in rendering a sentence, sees the State of California imposing additional penalties under the guise of “protecting the public.”
Planning for Medical Board implications should occur before entering a guilty plea. This is a strategic game of chess, not a simple match of ping pong.
Unmatched Criminal Defense for Physicians
If you’re a physician facing criminal charges, you need the best defense possible.
Daniel Horowitz is your top choice. As a board-certified criminal defense specialist by the State Bar of California, Daniel has a proven track record of aggressively defending medical doctors in both criminal cases and medical board licensing matters. Don’t settle for less when your career is on the line—choose the expert who knows how to fight for you.