Administrative Law Topics: DUI

Medical Board Terminates Physician's Probation Early

The Medical Board of California granted our Petition for Penalty Relief after an administrative hearing.  Our client is a physician who accepted his original California Medical License with five years of probation because of a conviction for driving under the influence of alcohol as a medical resident.  After two years of probation, we petitioned for early termination of the California medical license probation.  

RN Loses Single DUI Case Before Court of Appeal

We previously wrote about our victory appealing (by writ of administrative mandate) discipline against a registered nurse solely because of a single off-duty DUI conviction.  See RN With Single DUI Wins in Superior Court—Nursing Board Appeals.  In that case, the Board of Registered Nursing (BRN) ordered the revocation of our client's RN license subject to a stay of the revocation and probation for three years with employment supervision requirements.

Doctor Discloses DUI -- No Action by Medical Board of California

Our client is a medical doctor who was convicted of driving under the influence of alcohol in California. California physicians are required to report misdemeanor criminal convictions within 30 days. (See Business and Professions Code section 802.1.)  We prepared a report letter disclosing the conviction and explaining the circumstances.  Fortunately, the doctor's DUI was a first time offense and his or her blood alcohol level was close to the legal limit.

Nurse With DUI Wins Public Reprimand After Administrative Hearing

Our client is a registered nurse who was convicted of driving under the influence of alcohol. In 2010, the California Board of Registered Nursing filed an Accusation against the RN alleging that the DUI conviction was substantially related to the qualifications, functions and duties of a registered nurse, and that the DUI was unprofessional conduct.

Occupational Therapists (OTs) Arrested for DUI in California Face Investigation by the Board of Occupational Therapy Within Days of Arrest

California Occupational Therapists (OTs) arrested for DUI can now expect investigation letters from the Board of Occupational Therapy (CBOT) within days of arrest. CBOT receives notice of the arrest from the California Department of Justice, which cross-references criminal records against professional licensing records.  Occupational Therapists can expect a letter from the Board requesting a detailed description of the events that led to the arrest under penalty of perjury along with case information for the pending criminal case.

Teacher with DUI: California Commission for Teacher Credentialing (CTC) Cannot Automatically Suspend or Revoke Credential

If a teacher has a DUI conviction, can the state Commission on Teacher Credentialing (CTC) utilize a “per se” standard and conclude that the person is aromatically disqualified as a matter of law from teaching in California?  The answer is no.  In the case of Broney v. California Commission on Teacher Credentialing, the court rejected use of a  “per se” rule. 

Nurse With One DUI--Court Overturns License Revocation by California Board of Registered Nursing

A California registered nurse (R.N.) was convicted of alcohol-related reckless driving after being charged with driving under the influence of alcohol (DUI).  The conviction was a first-time offense, and there was no evidence of alcohol abuse or dependence.

Nevertheless, the Board of Registered Nursing demanded that the nurse submit to a psychological evaluation, physical evaluation, random urine tests, and substance abuse rehabilitation.  Since there was no evidence of any alcohol problem, we believed that the conditions demanded by the Board were unreasonable.  

Can the Medical Board of California deny a medical license because of one DUI conviction? One Superior Court said, "No."

A few years ago, the Medical Board of California denied the medical licenses of several medical residents based on the fact that they had been convicted of driving under the influence. I represented one of the medical residents, whose entire criminal record consisted of a single conviction for driving under the influence of alcohol. Prior to that time, the Medical Board had routinely granted medical licenses (physician and surgeon’s certificates) to applicants who had been convicted of a single DUI.