DUI convictions and arrests typically increase during the holiday season. With these celebrations just around the corner, you could find yourself in an unhappy situation. Although California DUI convictions are difficult for both licensed and non-licensed professionals, licensed professionals will experience more severe aftereffects of their arrest. Here’s how DUIs could affect you this season.
Which Licensed Professionals Are Most Affected by a DUI?
DUI convictions for both alcohol and recreational marijuana use can impact all professional license holders in California. Receiving a DUI reflects negatively on your moral character and signals to your licensing board that you may be unfit to serve the public. The professionals who typically face the most serious consequences include physicians, registered nurses, LVNs and PTs, pharmacists, teachers, engineers, mental health professionals, insurance agents, real estate agents, dentists, and attorneys. If you hold any California professional license, your board is watching.
Medical Professionals
In the medical field, nurses, physician assistants, and even psychologists can be greatly impacted by DUI convictions. Depending on the circumstances of your current conviction and past mistakes, you could lose your job. If you are already on probation when this arrest occurs, you may be facing harsher consequences such as extended probation, suspension, or revocation of your license. Different boards have different requirements for disclosure of arrests, filing of criminal complaints, and/or convictions. Make sure you consult with a license defense attorney to find out what your duties are. In addition, your place of work may have disclosure requirements. Your employee handbook should set out your duties to disclose.
First Responders
As a first responder, your job is to save lives. Your board requires you to be a respectable public servant, even when you’re off the clock. Receiving DUI convictions can strain your current position and limit your job prospect in the future. Some departments may even have a zero-tolerance policy that could put your career in jeopardy. If you do receive a DUI, be sure to report it right away. Honesty is extremely valuable in your position.
Teachers
Teachers have extremely high expectations placed on their shoulders and mistakes like a DUI could lead to disciplinary action. Although there are no laws that say you cannot obtain or maintain your teaching license with a DUI, school districts may have a different set of requirements. You could be facing probation from your school which could include being suspended or even fired. It’s important that you communicate this conviction with your board and your school right away to avoid losing your teaching license and ensuring your position is protected.
CPAs
The California Board of Accountancy requires their licensees to uphold integrity and adhere to all laws. If you received a DUI, the CBA will likely conduct an investigation to determine if your conviction is substantially related to the qualifications, functions, or duties of your job. Based on their findings, you could be required to attend a formal hearing and face potential discipline such as suspension or revocation of your license. It’s important to get ahead of the investigation and properly report your DUI as soon as it happens.
Contractors
As a contractor, unethical or criminal offenses, like DUI convictions, may severely impact your professional license. Like other boards, the California State Contractor’s License Board will evaluate your offenses to determine if they are substantially related to your job duties. As stated above, different boards have different requirements for disclosure of arrests, filing of criminal complaints, and/or convictions. Consulting with a license defense attorney is crucial to ensure your full compliance with your board’s requirements.
Real Estate Agents and Brokers
The Department of Real Estate evaluates DUI convictions on a case-by-case basis, looking at the circumstances of the offense, how it relates to your job duties, how much time has passed, and what rehabilitation steps you’ve taken. A DUI can trigger an accusation and require you to attend an administrative hearing. Agents and brokers who are already licensed face the same disclosure requirements as applicants, and failing to self-report in a timely manner can be treated as a separate violation.
Pharmacists
The California State Board of Pharmacy holds its licensees to strict standards of professional conduct. A DUI conviction is reviewed for whether it is substantially related to the qualifications and duties of a pharmacist. Depending on the circumstances, discipline can range from a formal reprimand to license suspension or revocation.
Engineers and Architects
Licensed engineers and architects are expected to uphold public safety and professional integrity. A DUI conviction may prompt a review by the California Board for Professional Engineers, Land Surveyors, and Geologists, particularly if the offense involves conduct the board considers substantially related to your professional responsibilities.
Mental Health Professionals
Psychologists, licensed clinical social workers, marriage and family therapists, and other behavioral health licensees are regulated by the Board of Behavioral Sciences and the California Board of Psychology. A DUI can be considered evidence of impaired judgment, which carries particular weight for professionals whose work depends on earning the trust of vulnerable clients.
Attorneys
Attorneys licensed through the State Bar of California are required to report criminal convictions, including DUIs, within 30 days. The State Bar reviews each matter independently of any licensing board, and failure to report is itself grounds for discipline.
What Happens After a DUI Conviction: The Two Tracks You Have to Manage
A DUI conviction sets two separate processes in motion at the same time. The first is your criminal case in court. The second is your licensing board’s review of that conviction. These run on parallel timelines, and how you handle each one affects the other.
When you hire only a criminal defense attorney, you may resolve the court case without ever accounting for what that resolution looks like to your licensing board. A plea that makes sense in criminal court can create problems with a board that weighs the nature of the charge differently. This is why it’s important to work with an attorney who handles both, or who has the criminal defense attorney and license defense attorney working together from the beginning.
Your license defense attorney will also help you meet your board’s specific disclosure deadline. Every board has different rules about when and how to report an arrest versus a conviction, and missing those deadlines can result in discipline that’s separate from and in addition to any penalty tied to the DUI itself.
On the criminal defense side, it’s worth knowing that many factors go into whether a DUI charge holds up. Signs that an officer reads as intoxication, such as red or glassy eyes, flushed skin, or slurred speech, can often be attributed to other causes: exhaustion after a double shift, a medical condition, or simply nerves during a traffic stop. An experienced attorney can challenge the basis of the stop and the accuracy of field sobriety results.
Contact Unlock Legal
Were you convicted of a DUI in California? Contact us immediately.
There is a lot of anxiety that arises when you don’t know what’s going to happen to your California professional license and livelihood. We understand the challenges you face with a DUI conviction and are here to help. We’ll show you the road map to overcoming this obstacle and protecting your career.
Unlock Legal provides focused representation in criminal defense and defense for California licensed professionals. Contact Unlock Legal today or give us a call at 949-988-4444 to speak with a professional about your case and your unique needs. You’ll find we are compassionate, easy to talk to, and willing to help in any capacity we can.
