Monday, October 1, 2012

DUI Arrest And The Board Of Medical Quality Assurance

Law Offices of EJ Stopyro
DUI Attorney in Orange County

If you are a medical doctor, surgeon, osteopathic physician or doctor of podiatric medicine an Orange County DUI conviction can have far reaching consequences on your career. California Business & Professions Code §490 authorizes a licensing agency to discipline a licensee who has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the business or profession regulated by the licensing agency.  Moreover, B&P Code §480 allows the agency to deny a license to an applicant based upon a conviction of a crime. So if you are a doctor or are planning on becoming a doctor and you face a charge of drunk driving (DUI) in Orange County, you must consult with an experienced Orange County DUI lawyer with outstanding case results.

Doctors and surgeons must report any conviction, including an Orange County DUI, whether a felony or a misdemeanor, to the California Medical Board of Quality Assurance (BMQA). The notification must be made in writing and must be made within 30 days of the conviction. Failure to report the conviction is itself separate criminal offense. It is important to have your DUI attorneyin Orange County help you report any conviction.

The BMQA is further empowered by B&P Code §2239 to discipline physicians, surgeons and other doctors who are convicted of an Orange County DUI or any other act that constitutes “unprofessional conduct”.  The BMQA will review the facts and circumstances behind the DUI conviction to determine whether the DUI is substantially related to your qualifications, functions or duties. In determining whether to discipline and the level of discipline, the BMQA will look at how high your blood-alcohol was on the breath test or the blood test. They will also consider whether it was a DUI with injury and whether you fled the scene. Also, they will consider whether you cooperated and agreed to take the field sobriety tests, whether it was a DUI with drugs and whether it was a refusal (refusing to take a breath or blood test), and any other relevant information that was divulged in the court proceedings.

Aside from the BMQA, doctors and surgeons must also face a DMV hearing and a possible license suspension. If you have a prior DUI within 10 years the DUI penalties can be particularly stiff. Therefore, it is essential that you contact an Orange County DUI defense lawyer as soon as possible. For more information on how to protect your medical license in the face of a DUI arrest call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro
DUI Lawyer in Orange County
Orange County DUI Attorneys

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