DUI and Doctors

Ohio Doctors are licensed by the State Medical Board of Ohio. The board has the authority to approve new licenses and suspend or revoke existing licenses. The board has a set of published disciplinary guidelines for when a criminal offense, such as an DUI, can impact an Ohio doctor’s medical license. A criminal offense does not have to be related to an Ohio doctor’s medical practice to have an impact on his license. If you have an Ohio DUI case, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI. An experienced Ohio DUI lawyer may be able to prevent that from happening.

Would the State Medical Board of Ohio Intervene if a Licensed Ohio Doctor is charged with DUI?

There are specific circumstances listed in Ohio Revised Code in which the State Medical Board has the authority to discipline an Ohio doctor. If any of the following circumstances related to a DUI case occurs, the Board will likely take action:

• A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony, including felony DUI.
• Commission of an act that constitutes any felony in the state of Ohio, including felony DUI, regardless of the jurisdiction in which the act was committed.
• A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, any misdemeanor, including a misdemeanor DUI in Ohio, committed in the course of practice.
• Commission of an act in the course of practice that constitutes any misdemeanor, including misdemeanor DUI, in Ohio, regardless of the jurisdiction in which the act was committed.
• A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude.
• Commission of an act involving moral turpitude that constitutes a misdemeanor in Ohio, regardless of the jurisdiction in which the act was committed.
• If the Medical Board has reason to believe that any Ohio licensee or applicant suffers from impairment due to excessive drug or alcohol use.

Will the State Medical Board Find out if a Licensed Ohio Doctor is Charged with DUI or other Criminal Offense?

Ohio Revised Code Section 4731.223 requires the DUI prosecuting attorney to notify the State Medical Board when an Ohio doctor is a defendant in any of the following circumstances:

• A plea of guilty to, a finding of guilt by a jury or court of, or judicial finding of eligibility for intervention in lieu of conviction for any felony, including felony DUI in Ohio, or a case in which the Ohio trial court issues an order of dismissal upon technical or procedural grounds of a felony or felony DUI charge.
• A plea of guilty to, a finding of guilt by a jury or court of, or judicial finding of eligibility for intervention in lieu of conviction for an Ohio misdemeanor committed in the course of practice, including drinking and driving, or a case in which the trial court issues an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor, including an Ohio misdemeanor DUI, if the alleged act was committed in the course of practice.
• A plea of guilty to, a finding of guilt by a jury or court of, or judicial finding of eligibility for intervention in lieu of conviction for a misdemeanor involving moral turpitude, or a case in which the trial court issues an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor involving moral turpitude. The report shall include the name and address of the certificate holder, the nature of the offense for which the action was taken, and the certified court documents recording the action.
• A plea of guilty to, a judicial finding of guilt, a judicial finding of eligibility for intervention in lieu of conviction for a violation of Chapter 2907., 2925., or 3719. of the Revised Code or of any substantively comparable ordinance of a municipal corporation in connection with the person’s practice.

Is a Licensed Ohio Doctor Required to Self-Report a DUI to the State Medical Board?

The Ohio Administrative Code requires any Ohio doctor, physician, physician assistant, anesthesiologist assistant, acupuncturist, radiologist assistant, or any association of the aforementioned individuals to report when a possible violation of any Board rule has occurred. That means that Ohio doctors charged with certain DUI offenses are required to self-report to the State Medical Board. Similarly, Ohio doctors and other health care practitioners are required to report if one of their colleagues is charged with certain DUI offenses. The Ohio doctor or other licensee must make a report to the Board within 48 hours of obtaining knowledge of same.

Sanctions from the State Medical Board if it Believes a Licensed Ohio Doctor has Alcohol or Drug Problem as the Result of a DUI case

Should the Medical Board of Ohio have reason to believe that any Ohio licensee or applicant suffers from impairment because of a DUI charge, it may compel the individual to submit to a mental or physical examination, or both. Ohio Administrative Code defines impairment in this context as the impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances.

Depending on the facts and circumstances of the case, the Medical Board has the authority to order a licensed Ohio doctor to undergo a drug and alcohol assessment at a treatment center approved by the Board. Depending on the results of the assessment, the physician will have ordered to complete a residential treatment program lasting at least 28 days as well as aftercare, which can include any of the following:

• Group therapy, support groups, or, when appropriate, an individual counseling, or a combination of the above
• Periodic, random, unannounced blood or urine screens, or both
• Mandatory participation in alcoholics anonymous, narcotics anonymous, or a similar twelve-step program, or its equivalent
• Abstinence from use of alcohol
• Abstinence from use of drugs, except those prescribed, administered or personally furnished by another person so authorized by law who has knowledge of the patient’s history and of the disease of addiction, or those administered by another person so authorized by law during a medical emergency
• Regular contact with a certified alcoholism counselor, or with an Ohio physician qualified by training or experience, or both, to treat chemically dependent persons, who assumes responsibility for monitoring defined aspects of aftercare contract compliance
• A length of contract specified with a minimum of at least two years and at least one hundred and four weekly aftercare sessions, with missed sessions to be made up
• Professional therapy, where indicated, to resolve family and work-related problems
• Treatment of any ongoing medical problems to be managed by an Ohio physician qualified by training or experience, or both, to provide medical care to chemically dependent persons, provided that where such a physician is unavailable due to geographic or other reasonable constraints, treatment shall be managed by an Ohio physician in consultation with one so qualified
• Referral to other forms of extended care, when indicated
• Any required supervision or restrictions of practice during aftercare.

Ohio Physician Licensure Application

The Ohio Physician Licensure Application seeks detailed information about an applicant’s criminal record, including any significant traffic offenses like DUI. Specifically, the application includes the following two questions that an applicant with a DUI incident on his record will need to address: (a) Have you ever pled guilty to, been found guilty of a violation of any law, or been granted intervention or treatment in lieu of conviction regardless of the legal jurisdiction in which the act was committed, other than a minor traffic violation? and (b) Have you ever been arrested, forfeited collateral, bail or bond for breach or violation of any law, police regulation or ordinance other than for a minor traffic violation; been summoned into court as a defendant or had any lawsuit filed against you?

These two questions not only require an applicant to disclose any DUI conviction, they require the applicant physician to disclose any DUI arrest, even if the charges were eventually reduced or dismissed. If the answer to either question is yes, the application requires the following additional information regarding each incident:

• the date and location of the incident
• whether applicant was arrested
• whether the incident was alcohol-related
• if the applicant submitted to a DUI breath, blood or urine test to determine blood alcohol content (BAC)
• the results of any DUI breath, blood or urine test
• what charges the applicant faced
• whether the DUI charges were amended, dismissed, or dropped
• whether there was a plea, conviction or if the case is still pending

In addition to the aforementioned information, the State Medical Board of Ohio requires an applicant to submit copies of all relevant documentation of a DUI case including police reports, certified court records and any institutional correspondence and orders.

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers know this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.