Professional License Holder DUI

In order to legally work in many job fields, professionals must undergo formal education as well as licensing and certification processes. Depending on the circumstances of the case, an impaired or intoxicated driving conviction could lead to denial, suspension, or revocation of a professional license. Many jobs require professional licensure. Examples include:

• Dentists
• Accountants
• Real estate agents
• Nurses
• Doctors
• Lawyers
• Teachers

If you are a professional who has been charged with drunk or drugged driving, the first thing you need to do is contact an experienced DUI defense attorney. The best way to avoid any adverse actions to your license is to avoid a conviction. At the Barone Defense Firm, we practice OWI defense exclusively, and we have the experience and knowledge to help you obtain the best possible result in your case.

In Michigan, the Department of Licensing and Regulatory Affairs (LARA) oversees the licensing procedures for many of these professions. However, if you are found guilty of drunk or drugged driving, you may be required to report the conviction to your industry's respective disciplinary or oversight board.

Physicians have a duty to report any criminal convictions to the Michigan Department of Licensing and Regulatory Affairs (LARA), which will review the circumstances of the charge and determine any appropriate disciplinary actions. An OWI conviction does not necessarily mean an automatic loss of license; however, you may be required to enroll in an intervention program and be subject to a period of monitoring.

If an attorney is found guilty of drunk or drugged driving, it is the duty of his or her legal counsel to report the conviction to the Attorney Grievance Commission (AGC) as well as the Attorney Discipline Board (ADB) within 14 days. Once notified, the AGC will conduct an investigation into the matter to determine what, if any, further action is warranted.

Based on the investigation and the circumstances surrounding the case, the Commission may file a complaint with the ADB, place the attorney on contractual probation, or dismiss the matter altogether.

The FAA requires licensed pilots to report all "motor vehicle actions" within 60 days of their occurrence. The FAA defines a motor vehicle action as any of the following:

• A drunk or drugged driving conviction
• The suspension or revocation of a driver's license in relation to a drunk or drugged driving charge
• The denial of a driver's license application because of a drunk or drugged driving charge or conviction

In many cases, a first offense DUI/OWI will not result in a loss of license. Most licensing bodies are chiefly concerned with your character and ability to competently and safely carry out the duties of your job. If you are able to demonstrate that it was an isolated incident and a one-time mistake, you will likely not be in danger of license suspension or revocation. However, if it is determined that you have a substance abuse problem, you may be required to enroll in a diversion program or attend counseling or group therapy sessions.

On the other hand, if you have a history of impaired and intoxicated driving offenses, you could be in danger of disciplinary measures such as suspension or revocation of your professional license.

Most teachers employed in Michigan school districts are under contract. Very commonly, these contracts include "moral turpitude" clauses. In essence, a moral turpitude clause allows the district to take punitive action against you for conduct that, while not explicitly spelled out in the contract, would generally be frowned upon by parents, fellow teachers, and community members.

A drunk driving conviction would almost certainly be deemed a violation of the moral turpitude clause and could potentially lead to termination from the school district.

Under the Uniform Code of Military Justice, you may not be court-martialed for drunk driving if civilian authorities are already prosecuting you. However, your commanding officer may take administrative actions against you, regardless of the civilian charges you are facing. These administrative actions may include:

• Official letter of reprimand
• Corrective training/extra duty
• Revocation of privileges/post restriction
• Mandatory participation in a substance abuse program
• Forfeiture of pay
• Reduction in rank
• Bar from reenlistment

If you have been charged with impaired or intoxicated driving, contact the attorneys of the Barone Defense Firm. We can help ensure that all reporting requirements are met and that you receive the best possible outcome in your case.