It takes decades of education and training to get the licensure needed to work in the healthcare industry. Whether a physician, nurse or other medical professional that requires special licensure, the reality is allegations of drunk driving can put this license at risk. That means when a doctor or nurse is stopped for drunk driving, in addition to dealing with potential criminal penalties like fines and jail time, they also have to take action to protect the profession they have spent a large portion of their life building. With stakes this high, it is important to take swift action.
What are the possible criminal penalties?
New York takes drunk driving very seriously. Even a first driving while intoxicated (DWI) offense can come with up to $1,000 in fines and one year in jail. A second DWI within 10 years of the first comes with up to $5,000 in fines and 4 years in jail while a third can cost $10,000 and 7 years in jail.
How will the New York State Department Office of the Professions or Education Department respond?
Those who choose a career in the medical profession are held to high standards. This includes a high moral code of conduct. Depending on the details of the case, an arrest for drunk driving can call into question a physician or nurse’s moral turpitude. When arrested, the state generally notifies the Department of Health. This can trigger an investigation by the agency responsible for monitoring licensure and may lead to questions about the physician or nurse’s ability to continue to practice in their chosen field.
What should a doctor or nurse do after an arrest for drunk driving in New York?
The best plan will depend on the details of the situation, but the following is generally helpful:
- Review the charges: Get an idea of exactly what you are facing
- Notify the licensing board if necessary: In many cases there is a deadline to report charges
- Report to employer: If working for a hospital or group practice, review the contract to see if there are reporting requirements
- Build a defense: Prepare to fight back if the state moves forward with criminal charges
- Limit social media: Refrain from posting about or discussing the issue online or with friends
Remember, charges are not a conviction. Those who are facing criminal charges for drunk driving are wise to fight back. This means building a defense that can include a review of the rationale for the stop, the process used to gather evidence, and the claims made by the police and prosecution.
Although the arrest may remain a reportable event, fighting the charges is still helpful. If successful, this can minimize criminal penalties while also providing valuable information to use during any potential investigation that may threaten licensure. You worked hard to get your professional license, do not let a single mistake put your ability to continue in your chosen field at risk.
