Driving under the influence (DUI) arrests are not limited to just the young and immature, as pretty much any person who consumes too much alcohol in a given evening can be at risk of a possible DUI arrest. The potential effects of a conviction is one of the major areas of concern for many professionals in the Columbus area.
Make no mistake, a DUI arrest itself could have a devastating impact on a person’s entire career, and it is important for people to do what they can to minimize the harm to their professional lives. Most professionals who have been formally licensed have specific guidelines they are expected to abide by, and a DUI arrest can often be seen as being a violation of these types of agreements.
If you were arrested in Columbus or a surrounding area of Ohio for an alleged DUI offense that you fear will greatly affect you professionally, you will want to be sure that you have an attorney who is dedicated to getting you the outcome that best suits all of your current and long-term goals. Sabol | Mallory has defended scores of different professions against DUI in Ohio and has helped numerous people avoid some of the harshest consequences for these isolated incidents.
Our firm can fight to make sure that you are given a fair chance in court to have your story heard and we will work to get your criminal charges reduced or dismissed. We will be able to look more closely at your case and get to know you better when you call (614) 300-5088 or contact us online today to schedule a free consultation.
Effects of DUI on Medical Professionals
The State Medical Board of Ohio regulates licensing for the following medical professionals:
● Doctor of Medicine (MD or OD)
● Doctor of Osteopathic Medicine
● Doctor of Podiatric Medicine (DPM)
● Anesthesiologist Assistant
● Cosmetic Therapist
● Genetic Counselor
● Massage Therapist
● Oriental Medicine
● Medical Marijuana Licensure (CTR)
● Physician Assistant (PA)
● Radiology Assistant
● Respiratory Care Specialist
● Clinical Researcher
● Anesthesiologist Assistant
● Genetic Counselor
● Medical Volunteer
The State Medical Board of Ohio also handles expedited licenses (MO, DO), training certificates (MD, DO, DPM), certificates of conceded eminence, and clinical research faculty certificates. Professions such as pharmacists, psychologists, paramedics, dentists, and nurses are all regulated by independent boards but essentially held to similar guidelines.
The State Medical Board has to its own disciplinary guidelines that interrelate with the national regulations applicable to certain medical professionals, and there are no offenses that automatically disqualify a person from holding or receiving a license from the Medical Board. The Board can place restrictions on a medical license, including permanent suspension of said license, if a certified medical professional is found guilty of:
● a felony
● a misdemeanor committed in the course of practice
● a misdemeanor involving “moral turpitude”
The State Medical Board specifically states that the “decision whether to issue or deny the license takes into consideration the following factors”:
● The nature and seriousness of the crime;
● The extent of the applicant's past criminal activity;
● The age of the applicant when the crime was committed;
● The amount of time that has elapsed since the applicant's last criminal activity;
● The conduct and work activity of the applicant before and after the criminal activity;
● Whether the applicant has completed the terms of any probation or deferred adjudication;
● Evidence of the applicant's rehabilitation;
● Whether the applicant fully disclosed the arrest or conviction to the board; and
● Any other factors the board considers relevant.
When it comes to nursing, the Ohio Board of Nursing states that the Board is Board) prohibited from issuing a license to a person who has pled guilty to, been convicted of, or has a judicial finding of guilt for aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, aggravated robbery, aggravated burglary, sexual battery, gross sexual imposition, aggravated arson, or a substantially similar law of another state. DUI is obviously not included in those offense, but the Board further states that the Board may propose to deny an application, or place restrictions on a license granted, for a conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction or pretrial diversion for the following:
● any felony
● a crime involving gross immorality or moral turpitude
● a misdemeanor drug law violation
● a misdemeanor in the course of practice
You can usually present both a written and an oral defense before the Board can take any disciplinary action, so it is in your best interest to make sure you are working with an experienced lawyer who is familiar with your particular governing body. When it comes to medical professionals, the basic truth is often that the people who are entrusted with the greatest responsibility will also have the most to lose in these cases.
Effects of DUI on Commercial Drivers and Pilots
Commercial drivers and pilots both face much stricter regulations because their professions involve them operating large machines that are capable of affecting the lives of several people. The Federal Motor Carrier Safety Administration’s (FMCSA) and Federal Aviation Administration (FAA) both impose breath or blood alcohol concentration (BAC) limits of 0.04 percent, which is only half of the legal limit for all other drivers in Ohio.
The location of a DUI will have a major impact on a commercial driver’s license, as an on-the-job DUI often carries stricter penalties than off-the-job offenses. DUIs that occur on the job for commercial drivers or pilots both typically lead to one-year suspensions of their licenses for first offenses, but subsequent DUIs could lead to lifetime suspensions.
When a DUI arrest happens away from the job, then a suspension may only be 60 days but it could also be fore life if the alleged offense is severe. All DUI convictions and subsequent suspension orders are reported to the Ohio Bureau of Motor Vehicles and any relevant federal agency.
The Ohio State Board of Education is authorized under the Ohio Code to suspend, revoke, or limit an educator’s license, including teaching and administrative licenses, for “engaging in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant’s or person’s position”, conviction of a felony, conviction of an offense of violence, conviction of a drug offense, or conviction of a theft offense. The felony might be the only offense listed here for which DUI might apply, although engaging in an immoral act, incompetence, negligence, or unbecoming conduct could also be considered.
That first category is also the only one not requiring a conviction, so it is possible for a teacher to be facing discipline simply for an arrest even while their court case may still be ongoing. Suspensions and revocations are not mandatory for teachers, so a good attorney may be able to help you present the strongest argument to the Board for you to avoid any negative actions on your teaching license.
Effects of DUI on Public Safety Workers and First Responders
Police officers, firefighters, and emergency medical technicians (EMTs) all can face immediate administrative suspension and termination for DUIs that occur in the line of duty. First-time offenders may be able to avoid consequences by agreeing to rehabilitation and cooperating with administrative authorities.
First responders and other public safety workers usually are required to maintain valid driver’s licenses to operate their work vehicles, so any suspension of driving privileges could lead to automatic termination in some cases. Some of these employees may have other options to address their needs during suspension periods.
Effects of DUI on Licensed Financial Service Providers
The Division of Financial Institutions (DFI) in the Ohio Department of Commerce oversees financial certifications and licensure in Ohio. Convictions that prohibit licensure are usually financially-motivated crimes such as forgery, fraud, or embezzlement.
The DFI will typically perform a supplementary “character and fitness” examination after a criminal conviction, but people accused of DUI can usually avoid negative license sanctions. Certain felony DUI convictions, however, could cause the DFI to question your ability to perform in the financial services industry.
The Office of Disciplinary Counsel in the Ohio Supreme Court conducts investigations into lawyers whose criminal conduct reflects poorly on the profession, violates the rules of professional conduct, or impacts their ability to practice law. Violations could lead to public reprimand, suspension, or termination of licenses to practice law.
Most first-time DUI offenses in Ohio will not result in significant adverse licensing action for an attorney. Repeat offenses, however, can lead to possible suspensions.
Central Ohio Group Fellowship (COGF) & Alcoholics Anonymous (AA) | CAP4Kids — Anybody who believes they have a potential drinking problem should certainly become familiar with AA. Alcoholics Anonymous meetings are free to attend and the only requirement for membership is the desire to stop drinking. Scores of people arrested for DUI were able to get mercy from the court specifically because they were able to demonstrate a newfound commitment to AA.
Long-term DUI Consequences - BACtrack — While our webpage is dedicated to discussing some of the specific punishments for different professional industries, this page provides a more general overview. It discusses such topics as driver’s license revocation, background checks, employment, automobile insurance rates, and professional relationships. It also talks about personal relationships and scholarship programs.
Were you arrested for a DUI that you fear could cause great professional problems for you in Ohio? You will want to be sure that you have the proven operating vehicle under the influence of alcohol or drugs (OVI) fighters at Sabol | Mallory on your side.
Our firm has more than two decades of combined experience in these kinds of cases, so we know how to help all kinds of professionals in the Columbus area avoid some of the most costly penalties. Call (614) 300-5088 or contact us online to have us review your case during a free consultation.