DUI Blood Alcohol Tests for Doctors

Self-Reporting and Medical Board Inquiries

Doctors facing DUI charges may or may not be required to self-report under Business & Professions Code Section 802.1. However, the medical board will likely receive a report through the Department of Justice, prosecutors, or third parties. Even without a conviction, the board may initiate an investigation. Therefore, it's essential to be prepared for a potential medical board inquiry.

What Blood Alcohol Test Should a Doctor Take in a DUI Case?

Doctors must submit to a DUI blood alcohol test, which can be a breath, blood, or urine test. Refusing to take any test can lead to additional penalties and a forced blood draw. The choice of test depends on the specific circumstances of each case.

Basic Law Regarding DUI Blood Tests

In California, police officers use various methods to test blood alcohol levels in individuals suspected of DUI. The primary tool is the breathalyzer, which measures the amount of alcohol in a person's breath to estimate their blood alcohol content (BAC). During a traffic stop, an officer may request a preliminary alcohol screening (PAS) test using a breathalyzer. If the PAS test indicates a BAC at or above the legal limit of 0.08%, the officer may arrest the driver and take them to a police station or medical facility for further testing.

At the station, the driver may be asked to take a more accurate breath test using a larger, stationary breathalyzer or a blood test, which involves drawing a blood sample to measure BAC directly. Blood tests are considered the most reliable method for determining BAC and are often used when breath samples are unavailable or inconclusive. Refusing a chemical test after a lawful arrest can result in additional penalties, including a longer license suspension.

Downsides of a Blood Alcohol Blood Test

If you have other chemicals in your system, they will be preserved in the blood. The initial test or later tests may screen for and identify these substances. Even if the drug is prescription, your judgment in mixing may be questioned. However, a poorly documented but legitimate interaction may provide some mitigation, especially if driving behavior was extreme compared to the actual BAC.

Downsides of a Blood Alcohol Breath Test

Breath tests can often be challenged in court and are less reliable than blood tests but provide quick results. While a prosecutor may argue that your BAC dropped during the time you waited for a blood draw, a lower BAC on the test is generally better for both juries and the medical board.

Downsides of a Urine Test for Blood Alcohol

Urine tests are the least accurate and most subject to variations caused by medical conditions. If you are under the legal limit, you might receive an artificially high reading. Like blood tests, urine tests can identify other substances to some degree of accuracy.

Conclusion

If you are close to or above the legal limit, it is preferable to defend cases involving urine samples. However, the worst case for the medical board is the identification of more serious drugs of abuse. Cocaine metabolites are frequently found in urine samples after individuals have been out at clubs and similar venues.

If you are a doctor charged with a DUI, you need a medical defense expert to protect your medical license while you fight the DUI charges.

Daniel Horowitz is a renowned criminal defense attorney specializing in defending medical doctors in all licensing matters. Call Daniel if you have been arrested for a DUI.