Yes, a DUI conviction can put a doctor’s medical license at risk of suspension or revocation. However, these consequences are not guaranteed and may be avoided in many cases if the doctor is proactive and informed. Society holds doctors to very high ethical and moral standards that govern both professional and personal conduct. Any criminal conviction has the potential to negatively impact a doctor’s career.
Driving while impaired can have life-altering consequences for the driver and others, so the potential penalties are varied and far-reaching. Even in cases where no damage results from a person’s decision to drive while intoxicated, legal and professional consequences can be severe. Because the legal and professional outcomes depend so heavily on the unique facts of each case, medical professionals facing DUI charges should seek personalized legal counsel to ensure that their interests and circumstances are favorably accounted for.
What Is a DUI?
DUI is the common acronym for the criminal offense of Driving Under the Influence of drugs or alcohol. Driving under the influence is a Class W Misdemeanor in Nebraska as long as the impaired driving does not cause death or injury. While the legal limit for Blood Alcohol Concentration/Content in Nebraska is .08%, the Nebraska Supreme Court held in State v. Daly that even a person who has not exceeded this limit can still be convicted if the driver’s ability to operate the vehicle is “impaired” by any amount of alcohol. A driver may also be convicted for DUI if they have taken any drugs—including prescription medication—if that medication impairs the driver’s ability to operate a vehicle safely.
The severity of the criminal penalties for DUIs depend on many factors including the extent of the driver’s impairment and whether the driver has any history of similar charges. The least severe legal penalties for a DUI conviction require seven days imprisonment and a $500 fine whereas the most severe penalties for misdemeanor DUI can include a year of imprisonment and a $1,000 fine. Professional consequences can similarly vary significantly depending on the individual circumstances of the case. A knowledgeable defense attorney can help professionals facing legal and professional consequences understand how their unique facts are likely to impact the outcome of both proceedings.
How Does a DUI Conviction Impact a Doctor’s Career?
The Uniform Credentialing Act regulates all health-related professions in Nebraska with the ultimate goal of protecting public health and safety. Through this Act, the Department of Health and Human Services (DHHS) dictates what standards a doctor must meet to qualify for and retain a medical license. An aspiring doctor must apply for a license to practice medicine in the state and meet the listed requirements to continue practicing. Prospective doctors must disclose any prior criminal convictions or current charges when applying for their licenses.
Even after getting a medical license, medical professionals have a duty to report any criminal convictions to the DHHS Board of Health within thirty days for review and potential discipline. Once the Board becomes aware of the conviction, it may either dismiss the case without taking action or it may decide to proceed with a hearing. During this hearing, the Board may decide which, if any, of the six approved sanctions to impose on the credential holder:
- Censure
- Probation
- Limitation
- Civil Penalty (a monetary fine)
- Suspension
- Revocation
There is almost no DHHS guidance on whether to sanction a medical professional or which sanctions are appropriate. This ambiguity gives the Board significant discretion to impose the decision it believes is best for the medical profession. Because the medical profession requires a high level of public confidence, offenses that have the potential to erode public trust are the ones that have the highest likelihood of resulting in harsher sanctions for the credential holder. The Board’s goal is to protect the medical field’s reputation, not the individual doctor’s interests. A doctor facing discipline ought to have a knowledgeable and relentless advocate to protect their ability to continue practicing medicine.
Can a DUI Charge Trigger Professional Discipline Before Conviction?
It is important to understand that there is a big legal difference between a criminal charge and a conviction. A “charge” is essentially the same as a formal legal accusation of a crime. The accusation does not become a conviction until a judge or jury finds that the accused is guilty “beyond a reasonable doubt.” Because a DUI charge is only an accusation of a crime, it is not enough to trigger discipline by itself. Unfortunately, however, legal investigations may reveal evidence of a doctor’s ethical violations that could lead to discipline even before the criminal case is decided.
If the Board is aware of a doctor’s DUI charge, it may wait until the criminal case is resolved before investigating or sanctioning the doctor. If the Board does not wait, though, it is critical for a doctor to know that any information the doctor reveals to either the criminal or professional investigators or agents is evidence that may impact the outcome in both proceedings. It is especially important in these circumstances for the doctor to work with a skilled attorney who can navigate both the criminal and professional disciplinary systems.
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What Can Impact the Outcome of a Doctor’s Disciplinary Hearing?
There are many factors that can influence whether a DUI conviction leads to professional sanctions—for better or for worse. Aggravating factors that the Board of Health may consider include:
- Whether the doctor has any similar convictions
- Whether anybody or anything was harmed
- Whether the investigation reveals alcohol abuse or dependence
- Whether the DUI included use of illegally obtained substances
Some factors that may work in the doctor’s favor include:
- An otherwise clean record
- Proactive steps toward recovery from addiction
- A positive legal resolution
The factors on these lists will not guarantee a specific outcome as each case will depend on the entire set of facts. However, a doctor in this situation can use these as a springboard to understand the questions that may arise when seeking counsel. Ultimately the Board’s decision will likely depend on whether it believes the offense and resulting legal consequences will negatively impact the doctor’s ability to perform their duties effectively. Lawyers are specifically trained to sift through unique and complicated facts and create a plan to emphasize the positive factors while countering the negative ones. An attorney from Berry Law can be a great resource to doctors facing the legal and professional repercussions of a DUI.
How Can a Criminal Defense Lawyer Help?
For most people charged with a DUI, the wide array of legal and social consequences of conviction can seem overwhelming. This is particularly true for doctors whose very livelihood may be threatened. A tenacious and creative defense attorney can work with doctors in this situation by providing support and peace of mind. Attorneys at Berry Law are familiar with the legal and professional processes and work to protect doctors in the court room and before a disciplinary Board.
Sources
Neb. Rev. Stat. §60-6,196
State v. Daly, 278 Neb. 903, 775 N.W.2d 47 (2009)
State v. Taylor, 310 Neb. 376
Neb. Rev. Stat. §28-106
Neb. Rev. Stat. §38-103
Neb. Rev. Stat. §38-1,125.
Neb. Rev. Stat. §38-198
Neb. Rev. Stat. §38-199
Neb. Rev. Stat. §38-1,100
TITLE 172 – NEBRASKA DEPARTMENT OF HEALTH PROFESSIONAL AND OCCUPATIONAL LICENSES Number 10
