Exploring the Main Issues Brought by DUI Charges for Health Care Professionals

From celebratory anniversary dinners with a spouse or fundraising galas to mimosas at brunch or a few beers while watching football, there are many reasons people enjoy a few alcoholic beverages. While most people are still capable of driving after one or even two drinks, sometimes people underestimate how much they have had to drink or overestimate their abilities to drive. When they do, they may find themselves charged with driving while intoxicated (DWI), or driving under the influence (DUI), in New Jersey after getting into an accident or being observed driving erratically by law enforcement. For many, this can have a serious impact on many aspects of their lives, but for healthcare professionals with a medical license, it has the potential to damage or even end their careers. It is imperative for medical professionals to understand the risk to their medical license with a DWI offense in New Jersey and how they can mitigate the risk if they find themselves in these circumstances.

Professional Scrutiny and Consequences for Medical Providers Facing DWI Charges in NJ

Certain professions are held to a higher standard than others. Careers such as teachers, doctors, nurses, lawyers, law enforcement, and commercial drivers are held to this higher standard because the public trusts these individuals. In particular, healthcare professionals such as doctors, certified nurse midwives, acupuncturists, and physician assistants are trusted by their patients to provide healthcare that will benefit the patient. Therefore, when healthcare professionals face DWI charges, they are facing much more than just potential fines and insurance rate increases; they are facing the possibility of losing the career they have often long dreamt of having and have invested so much time and money into achieving.

Healthcare professionals charged with a DWI face possible disciplinary action by the New Jersey State Board of Medical Examiners and possibly having their employment terminated. This is in addition to the usual penalties for a DWI in New Jersey, which can include fines, possible jail time, an ignition interlock device being installed in your vehicle, possible driver’s license suspension, required participation in a program through the Intoxicated Driver Resource Center, thousands in insurance surcharges, and other detrimental effects on your life. With higher BAC’s and previous convictions for DUI, the penalties grow harsher.

These penalties can make employment more difficult for healthcare professionals, regardless of any disciplinary action by the New Jersey State Board of Medical Examiners. Many healthcare professionals rely on their personal transportation to go to and from work, and the loss of driving privileges may force them to rely on public transportation, friends and family, or ridesharing. While these transportation options are generally reliable for other occupations, if patients see their healthcare professional relying on such options, it may raise questions about their ability to provide care; specifically, it may make patients question how quickly the medical provider could reach them to provide care in an emergency. On-call doctors and other medical professionals may face similar concerns by their employers if they cannot immediately respond and arrive in a timely manner when called.

Medical Professional Reporting Obligations After DWI Arrests in New Jersey

New Jersey categorizes DWI offenses as a “quasi-criminal” matter. Quasi-criminal matters are traffic offenses that receive the same constitutional protections as criminal charges but do not have the right to a jury trial. New Jersey also requires that healthcare professionals report any arrest for quasi-criminal offenses within 10 days of such an arrest to the State Board of Medical Examiners. Failure to do so may result in the provider’s medical license being suspended or revoked.

Case-by-Case Disciplinary Reviews and Sanctions in Medical Field DUI Cases

The New Jersey State Board of Medical Examiners reviews each case individually. They do not use a “one size fits all” approach to determining how to discipline a medical professional who is charged with a DWI offense. Instead, they consider individual factors specific to the provider’s case and determine how to proceed based on those factors. This can be in the medical professional’s favor, as it means that no automatic or routine penalties will be assigned. However, based on those factors, the Board also has significant latitude in what penalties they assign.

First-time DWI offenses do not automatically lead to license revocation for most medical professionals. If the healthcare professional reports the offense within the 10-day period and does not have any previous offenses, there is a high likelihood that the Board of Medical Examiners will not revoke or even suspend their license. License suspension or revocation is typically reserved for cases with significant cause for concern rather than a one-time error in judgment.

Key Considerations in State Board Decisions on What Happens to a Medical Professional Charged with DWI in NJ

There are several factors that the Board considers when determining potential disciplinary action against a medical professional charged with or convicted of a DWI. Each factor is unique to the individual case, allowing each case to receive a unique disciplinary action. While medical professionals may be tempted to talk to others who have been through this process to find out what to expect, it is best to wait and allow the Board to conduct their investigation and decide what actions they will take.

Severity of the Offense

The severity of the offense may be one of the most significant factors that will be considered in determining disciplinary action. The severity is determined by several factors, including the individual’s blood alcohol concentration (the higher the level, the more severe the offense), the presence of other drugs in their system, and whether this is a first or subsequent DUI offense.

Context of the DUI Arrest

Another critical factor is whether there is a connection between the DWI offense and the practice of medicine. For example, a surgeon who is charged with a DWI while on their way to perform surgery is more likely to face significant disciplinary action, including potential suspension or revocation of their license, than a doctor in private practice who is pulled over while driving home after an anniversary dinner with their spouse where they drank several glasses of champagne.

History of Medical Accountability

The medical practitioner’s professional history is also a consideration. This will include looking at any prior disciplinary actions that have occurred for any reason. The Board will also look at any complaints that patients may have filed, as well as any malpractice suits or any issues with sexual misconduct, patient neglect, failure to meet standard of care, lapses in license renewals or professional insurance. These actions in a healthcare provider’s professional history may indicate a substance dependency issue or they may indicate other issues with the medical professional and their career.

Personal and Criminal Background

The Board may also consider the practitioner’s personal history. If they have criminal convictions for felonies, crimes that are morally questionable, or crimes that could be considered harmful to practicing medicine, these may also play a role in determining the disciplinary action taken for a DWI offense.

Indications of Ongoing Substance Abuse or Impairment

A DWI offense can be a single error in judgment, or it can be an indication of substance dependency or other impairment. The Board will look for evidence to indicate whether this was a one-time mistake or part of a larger pattern of behavior indicating cause for concern. If the DWI is a lone event in an otherwise upstanding life, the Board is less likely to take harsh action toward the medical professional. However, if there are indications that the medical provider has a history of substance dependency issues or is engaging in alcohol or drug use at the present time that impairs their ability to practice medicine safely, the healthcare professional may be given harsher punishments.

The Board considers the present time to be any time within the previous year. Proof of presently engaging in alcohol or drug use that impairs their ability to practice medicine safely can include previous DWI arrests or convictions, being arrested for a DWI for drug use, or a DWI arrest that connects with another criminal charge such as resisting arrest, vehicular homicide, endangering another, assault by auto, or eluding an officer.

Potential Career Fallout for NJ Medical License Holders Charged with DUI Offenses

Medical professionals may hope that when their DWI charge is a first-time offense, the Board will overlook it. However, even for a first-time offense, there could be consequences. The Board may initiate a professional conduct review when notified that a physician has been charged with or convicted of a DWI. As part of this review, the Board will collect information about the DWI and the medical provider’s medical practice history. They may also require the healthcare professional to submit to an evaluation by a substance abuse professional. With this information, the Board then assesses whether the DWI impacts the provider’s ability to safely and ethically practice medicine. This review and the resulting assessment may result in additional consequences, such as substance abuse treatment, reprimands, probation, or license suspension or revocation.

Mandatory Rehab or Substance Abuse Counseling for Healthcare Workers

Depending on the outcome of any investigations or reviews, the medical professional may be ordered to attend mandatory counseling or substance abuse treatment. This may include educational programs, individual therapy, group therapy, attendance at support groups such as Alcoholics Anonymous, or inpatient treatment. The provider will first undergo an evaluation to determine what level of treatment they may need. Healthcare providers may also be required to submit to drug testing during and after treatment as part of this disciplinary action. Failure to comply with this action may result in further disciplinary action, including possible suspension or revocation of the provider’s license.

Professional Reprimand or Probation for Medical Professionals

Reprimands are formal disciplinary actions in the form of a warning letter or letter expressing concern about the behavior in question. Probation indicates the Board will be monitoring the healthcare provider’s license for a specified period of time. It can also include limitations on their license that include being supervised by another provider, being restricted from performing certain procedures or being required to attend additional training or receive treatment of some sort.

Reprimands and probation periods from the Board are both public records in New Jersey. They can be found in several ways, including several websites and potential press releases made by the Division of Consumer Affairs Press Office. Some websites also provide a medical professional’s disciplinary history in every state, to ensure that their professional history is complete and any indications of substance dependency or other offenses.

Loss of Hospital Privileges for Medical Practitioners

Loss of hospital privileges is a more serious disciplinary action. This action is typically taken when the severity of the offense raises concerns about the healthcare professional’s competency or conduct. While hospitals themselves may remove a medical provider’s privileges after a DWI, this disciplinary action from the Board is removal of hospital privileges at every hospital in New Jersey. This effectively prevents the medical professional from seeing patients or performing any procedures in a hospital setting, which will significantly limit their ability to practice medicine.

Medical License Revocation

License revocation is another potential disciplinary action the Board can take when a healthcare professional is charged with or convicted of DWI. However, this measure is typically reserved for the most egregious offenses. If a healthcare provider charged with a DWI has no previous offenses, it is far less likely that they will have their license revoked. However, even a first-time offender may face license revocation if there are aggravating factors. Such aggravating factors in DUI cases may include if there are additional charges related to the DWI, such as assault by auto or vehicular homicide.

Medical Professionals Have More to Lose in New Jersey DWI Cases

DWI charges are very serious charges. Anyone facing such charges should seek legal counsel, but this can be especially crucial for healthcare professionals. For medical providers, a DWI charge does not just carry discipline from the court system. A conviction can have a detrimental effect on their medical license, negatively impacting their career not just today but potentially for years to come. Almost any disciplinary action the New Jersey State Board of Medical Examiners takes is going to be public record and will likely remain on the medical professional’s record for many years, if not their entire lifetime. This is why it is critical that healthcare providers seek legal counsel quickly. Without the skilled and knowledgeable assistance of a New Jersey DWI attorney, the healthcare professional’s entire life may be on the line, with their license and, thus, their ability to provide for their family hanging in the balance.

Contact the The Tormey Law Firm for Help from Experienced NJ Lawyers Protecting Healthcare Professionals from Medical License Issues and Other Ramifications of DWI

While anyone who faces DWI charges faces the possibility of losing their job and, as a result, their income, for healthcare professionals, this is a much more severe risk. After investing years into intense education and a significant financial investment, often in the form of student loans that may take decades to pay off, you want to keep your license. While other disciplinary actions are less harsh than a medical license revocation, they are no less significant. An experienced New Jersey DWI attorney at The Tormey Law Firm can help you by challenging the legality of the stop or the results of field sobriety tests, examining the test procedures for both field sobriety tests and breath tests, and building a solid defense. We can also potentially assist you by convincing the prosecutor that the evidence to convict you is flawed, inconsistent, or too weak to convict you, in which case they may choose to dismiss the charges, eliminating the need for the Board of Medical Examiners to discipline you.

Having successfully defended thousands of clients arrested and charged with DUI in towns throughout New Jersey, our DUI defense team may also be able to assist you by exploring any other available defenses, such as challenging the report from the Drug Recognition Expert in your case if you were charged with driving under the influence of drugs. Contact a New Jersey DWI attorney at our criminal defense firm today to discuss your legal options and ensure your rights are protected. You can reach us 24/7 online or by phone at (201) 556-1570 for a free review of your case.