According to Vehicle Code 23152 in the state of California, it is “unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” That being said, DUIs are the most common crime committed in the state. If you find yourself facing a DUI charge, know that you are not alone and there is no need to panic. The right attorney can help you understand the idiosyncrasies of your case and plan for a productive path forward.
Do DUI arrests lead to professional license consequences?
When people typically think of a Driving Under the Influence (DUI) charge, they often think about losing their driver’s license. They worry about how the DUI will impact their daily routines, the ease of their schedule, their commute to work and social gatherings.
While these are very real concerns and considerations one faces when confronted with a DUI, there are other ways in which a DUI can impact someone’s life. Most notable, perhaps, is the reality that a DUI can impact one’s career and professional ambitions. If you find yourself faced with a DUI charge, it is important that you contact an experienced attorney who can help you plan for unforeseen impacts on your career.
In the state of California, there can be negative impacts on professional licensure if you have been arrested for a DUI. If you are fingerprinted during the arresting process, the fingerprints can be cross-referenced in the system against ones taken for a professional license. If you hold a professional license, there is a high likelihood that the licensing agency wherein you are licensed will be notified by the California Department of Justice of your arrest.
The licensing board will then evaluate the situation and determine whether the event is considered “unprofessional conduct.” They will consider aggravating factors to decide next steps in terms of what will happen to your professional license.
Aggravating Factors are details related to the crime that impact the consequence. These factors are considered by a board when determining how to proceed with the accused’s professional license. Some aggravating factors in DUI cases might be:
- Whether there was an accident while the driver was under the influence
- Whether there was property damage as a result of the DUI
- Whether someone was hurt or injured while the driver was under the influence
- The Blood Alcohol Level (BAC) of the accused
- Whether the accused was under the influence of any other substances at the time of the DUI
- If there was a child in the car at the time of the DUI
- Any prior convictions, including prior DUIs
All of these factors are taken into consideration both in criminal court and in relation to a professional license. If the board deems necessary, there can be a revocation of professional licensure. However, that is only one potential outcome of a DUI conviction.
Why Are State Licensing Boards Concerned About DUI?
State Licensing Boards in California are, by nature, meant to uphold the professional standards of conduct and integrity of certain professions. This is to ensure that jobs can be carried out in a way that protects the professional and the public.
Any kind of criminal conviction (including a DUI) violates the type of expectation that a licensing board is aiming to uphold. There are several reasons why a State Licensing Board might be concerned with a charge like a DUI:
- Potential Addiction: A licensing board will be concerned by a DUI because it might signify substance abuse or an addiction. With the implication of an addiction, the board would be concerned that there would be repeat offenses and a potential threat to public and self-safety.
- Dependability and judgment: From the licensing board’s perspective, someone with a DUI might be seen as less dependable and consistent. The board may question whether the professional can make reliable decisions in their professional life.
- A Question of Morality: The choice to drive under the influence and put innocent people at risk may be perceived by the board as one of a morally faulty judgment.
Although a licensing board will likely take action in some way, being convicted of a DUI does not automatically mean your license will be revoked. Other factors, such as your specific career and whether this is a first-time offense will determine whether a license will be suspended or revoked. Also, the board may require the licensee to seek treatment or rehabilitative measures such as the completion of substance abuse classes or programming. It is up to the licensing board to decide what happens with a professional license when one is convicted of a DUI. An experienced attorney can help you navigate the situation.
Which Licensed Professions Face the Greatest Risk from a DUI Conviction?
Each professional licensing board has its own criteria for how criminal convictions might impact the ability to perform the duties of the profession. However, certain licenses are more prone to impact by DUIs. These licenses are typically held by professions that directly impact peoples’ lives and well-being. Some of these professions include:
- Medical professionals such as physicians, nurses.
- Pharmacists, Dentists, Chiropractors.
- Mental Health professionals such as therapists and social workers.
- Educators including teachers, principals, and administrators.
- Transportation professionals such as pilots, truck drivers, captains.
- Agents such as: Real estate agents, insurance agents, accountants, and contractors.
- Legal professions such as clerks, attorneys, and judges.
How to protect yourself and your professional license after a DUI
DUIs can be unimaginably stressful. If you are facing a DUI charge in Orange County, California, it is necessary to take immediate action to protect your professional license. Contact an experienced and trustworthy attorney immediately, so that they can help you get through it.
Bryan R. Kazarian is a former Orange County Deputy District Attorney with over 20 years of experience in the criminal justice system. He is the type of attorney who knows the ins and outs of the legal system in a way that will make you feel secure and safe as you both navigate this process. Call The Law Offices of Bryan R. Kazarian today at (855) 918-4253 to get started.