The Impact On Doctors and Nurses After an OUI Arrest

Doctors and nurses practicing in Massachusetts have to operate with strict adherence to medical licensing requirements. these medical professionals face disciplinary committees from the state’s Board of Registration in Medicine and Board of Registration in Nursing if they violate any of the rules and regulations.

Among these are moral character and conduct rules that make any operating while under the influence (OUI or DUI) conviction reportable, along with all other misdemeanor and felony convictions.

For a doctor, Massachusetts laws mandate that the clerk of court report any felony conviction to the Board within one week of the case’s close.

Physicians and other healthcare providers may also have to disclose criminal convictions to insurance companies and prospective employers.

Med students and nursing students who are arrested for an OUI can face uphill battles to obtain their medical license in the commonwealth.

Maintaining Your Medical License After A DUI

Saving your medical license will depend on:

  1. Whether this is a first-time offense or a second or subsequent OUI;
  2. The severity of the circumstances and charges; and
  3. Your professional history and record upon review by the Board.

DUI Defenses and Dispositions

The best outcome of a doctor or nurse being charged with a DUI will depend upon a complex set of factors. To some extent, these factors include where you are in your career and what your professional goals are in both the short and long term.

In any set of circumstances, you will want to prepare to mount a full defense with an experienced local attorney alongside a medical licensing advocate in order to protect your career now and in the future.

One of the best possibilities is to have the OUI charge dismissed. This might be achieved through a motion that asks the judge to dismiss all charges because the reason for the traffic stop was unlawful.

It is also possible to show that Field Sobriety Tests were improperly administered. This defense often leads to an acquittal when no evidentiary breath tests were taken.

If you took the breath test, there are a number of defenses that might be applied to your case, and even more options if your results were not far over the legal limit (0.08 bac).

It may also be beneficial to have the matter continued without a finding, or CWOF’d. In Massachusetts, a CWOF essentially suspends or holds the case until the defendant fulfills agreed to requirements such as alcohol education, payment of fines and other probation terms.

Legally, a CWOF is not a guilty disposition. However, most licensing boards will look upon a CWOF as a guilty result, but some employers may not.

To properly explore all of your options, you can contact my office by calling 978-452-1116 to set up a consultation.

 

Attorney Gregory Oberhauser

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Gregory Oberhauser is the ONLY attorney in Massachusetts to be distinguished as an ACS-CHAL Forensic Lawyer-Scientist by the American Chemical Society!

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