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What is the Effect of a DUI on your Medical License?

Physician in cuffs with police officer behind him.

Does a DUI Affect your Medical License?

Yes, a DUI will lead to a medical board investigation and can result in various disciplinary actions, including:

  • Required medical treatment for alcohol or drug conditions

  • Revocation or suspension of the medical license

  • Public reprimand

  • Private reprimand

  • Orders for psychiatric evaluation and alcohol testing, including Carbohydrate-deficient Transferrin (CDT) or Phosphatidylethanol (PEth)

Explanation of Tests:

  • CDT Test: This test involves a protein that transports iron in the blood. Significant alcohol consumption causes the liver to produce less transferrin, and the transferrin that is produced has fewer sugar molecules attached. Increased levels of carbohydrate-deficient transferrin (CDT) in the blood can indicate alcohol abuse.

  • PEth Test: This test measures the level of phosphatidylethanol, a direct alcohol biomarker found in human blood following alcohol consumption. Phosphatidylethanols are abnormal phospholipids formed in the presence of ethanol (alcohol). PEth bonds to the membrane of red blood cells and persists as long as the blood cell survives, reflecting binge drinking.

Impact on Medical Board Proceedings:

A simple DUI can result in complex medical board proceedings as the board is not limited to the facts of the DUI arrest.

Notification to the Medical Board:

The Medical Board will receive notice of a misdemeanor DUI conviction or an indictment or information for a felony DUI charge. They will also receive all relevant facts, including field breathalyzer results and any formal breathalyzer or blood/urine test results. A DUI lawyer must consider the penalties the medical board imposes when assessing the DUI case. Witness statements and investigations serve a dual purpose in both the criminal and medical board cases.

Consideration of DUI Plea Bargains:

Even if a DUI is pled to a lesser charge, the board will consider the case as if it were a DUI. The investigator, experienced in DUI cases and law, will analyze the case to determine any potential danger to the public.

Business and Professions Code Section 2236:

This section states that a conviction of any offense substantially related to the qualifications, functions, or duties of a physician constitutes unprofessional conduct, which may lead to disciplinary action. A conviction may not seem substantially related to a physician’s duties to you, but the board may have a different view. An experienced medical license attorney is better suited to understanding the big picture.

Self-Reporting Requirements:

Even if the criminal case is resolved with a no-contest plea or later set aside by successful probation completion, you or your attorney must self-report the conviction/arrests. Here is the self-reporting form:. Failure to report can lead to discipline, and during any license renewal process, a physician must disclose any disciplinary actions or criminal convictions since their last renewal. Failure to report such information is a public offense punishable by a fine not exceeding $5,000.

About Daniel Horowitz:

Daniel Horowitz is board certified as a criminal defense specialist by the State Bar of California, Board of Legal Specialization. This is a highly limited and coveted certification, rare among criminal defense attorneys. If you are a physician charged with a crime, you need a specialist and an attorney with vast experience defending medical doctors.