Reviewed by Paul E. Walker
Medical professionals are held to a very high standard because they are responsible for taking care of others. Despite this, they are still human and can make bad decisions. If a medical professional in New York is arrested for driving while intoxicated (DWI), they are not just facing a criminal charge. Being charged with a DWI in the state of New York can also impact your medical license at the discretion of the Office of Professional Medical Conduct. Any medical professional charged with a DWI should seek immediate legal counsel to ensure the safety of their medical license.
What Do I Do After Being Charged?
It is important to know that if you are a medical professional charged with a DWI, you must not lie about it. It is common that medical professionals are faced with the question: “Have you been found guilty of a crime?” Since DWI is a crime, New York State requires you to answer yes to the question. If you are to answer “no,” you have then lied on an application, which is also taken very seriously in the medical community.
It is also significant to note that if you have only been issued a violation, it is not a crime. Therefore, you may answer that you have not been convicted of a crime. Violations are not considered to be unprofessional conduct.
If you plead guilty to a criminal charge, you will receive a letter from the Office of Professional Medical Conduct (OPMC), or the Office of Professional Discipline (OPD) if you are a nurse or other non-physician licensee. The disciplinary offices may then investigate the wrongdoing and discipline you depending on the circumstances surrounding your charges.
From Arrest to OPMC: What Happens and When
In New York, a DWI moves through two systems, and understanding your options early during the criminal case can shape what happens to your license. Typically, the sequence of events is as follows:
- The arrest and charge: In accordance with New York law, driving while intoxicated means driving with a BAC of 0.08% or higher or other evidence of intoxication, is a criminal offense. Driving while ability impaired by alcohol (DWAI) is a lesser traffic offense for a first or second charge.
- The plea: One of the most important decisions regarding your license is what you plead guilty to. Pleading to a DWAI typically leaves you without a criminal conviction, while a plea to a DWI is a misdemeanor. However, if you are charged with a subsequent DWI within 10 years, you can face a felony charge.
- The disclosure: When you are set to renew your registration, you will be asked if you have been convicted of a crime since the last one. As such, if you have been convicted of a DWI in New York or any state, you must answer “yes.” Answering “no” will result in an additional, more serious issue.
- The OPMC letter: In and of itself, a criminal conviction constitutes misconduct under Education Law § 6530(9), and in a conviction-based case, the hearing is limited to the penalty in accordance with Public Health Law § 230(10)(p). Essentially, this means the conversation with OPMC centers around what the sanction is, not whether or not they will impose one.
- Treatment and monitoring: If there are concerns of alcohol dependence, OPMC can refer the matter to the Committee for Physician Health. Additionally, a settlement may include therapy and random testing.
New York DWI Penalties at a Glance
The criminal penalties for a DWI in New York are serious and should not be taken lightly. In accordance with the Department of Motor Vehicles, you can face the following penalties:
- First DWI: a fine of $500 to $1,000, up to one year in jail, and license revocation for at least six months
- Second DWI within ten years (class E felony): $1,000 to $5,000, up to four years, and revocation for at least one year
- Third DWI within ten years (class D felony): $2,000 to $10,000, up to seven years, and revocation for at least one year
- First DWAI: $300 to $500, up to 15 days, and a 90-day suspension
You should also note that an aggravated DWI, which is applicable for those caught driving with a BAC at or over 0.18%, carries higher fines and increased revocation periods. For more information on how a DWI may appear when applying for jobs, please refer to our post on whether a DWI will appear on a medical background check.
Consequences Imposed by the OPMC
The level of punishment an individual receives from the OPMC may vary depending on whether it is their first DWI charge. The most common punishment for medical professionals who receive a DWI is a Censure and Reprimand. This may also come with a fine. Depending on the amount of alcohol in your system, the OPMC may require you to attend substance abuse therapy. For repeat offenders, the consequences may worsen. In addition to this, your liability insurance policy may increase greatly and continue to do so for a period of time. If a substance abuse problem is present, the OPMC may investigate further and possibly revoke your license.
Outside of initial consequences, there may also be long-term consequences to your actions from receiving a DWI as a medical professional. The charge will follow your record, as you are required to inform hospitals, insurance companies, and other professional entities. This may prevent you from being hired to practice medicine in the future.
What a DWI Really Costs a Medical Professional
The license consequences are only part of the bill. A DWI conviction typically brings:
- Criminal defense fees
- Court fines, plus a mandatory surcharge and fees of $395 for a misdemeanor or $520 for a felony
- The cost of drunk driving school and any court-ordered sobriety classes
- Losing the ability to drive for months, often with a restricted license for about six months
- Legal fees for the OPMC or OPD matter
- An OPMC fine, which in our experience usually runs between $1,000 and $2,500, depending on factors like your BAC and whether it is a first offense
- Sobriety or substance abuse treatment, at your own expense, if required
- Higher insurance premiums, which in our experience can triple and stay elevated for about five years
In general, it’s possible for a DWI to cost a medical professional anywhere from $25,000 to $35,000 in costs.
In one case, a first offense with a moderate BAC, a letter from the client’s court-ordered therapist helped persuade OPMC that additional counseling and testing were unnecessary, and our team was able to negotiate a $1,000 fine at the low end of the usual range. Prior results do not guarantee a similar outcome.
If You Are a Nurse or Other Licensed Provider
Nurses and other licensed providers answer to the State Education Department’s Office of Professional Discipline rather than the OPMC. The rule is the same, however: under Education Law § 6509, a criminal conviction constitutes professional misconduct, so the only real question is the level of disciplinary action.
The Violations Committee Settlement
In our experience, often the most favorable outcome for a first-offense DWI is a Violations Committee Settlement, which is reserved for minor misconduct or technical violations. While it is still disciplinary, it generally includes a modest fine, typically around $500. The advantage is that, in our experience, it is not posted on the Department’s website.
However, you should keep in mind that if an application inquires about past disciplinary actions, you must answer yes. Whether or not this resolution is available typically depends on:
- If there was property damage or physical injury
- Your BAC at the time of arrest
- If there were any other charges, like leaving the scene or resisting arrest
It is in your best interest to inform the OPD investigator if you are interested in this type of resolution, which helps place the option on the table early.
Contact an Experienced New York Professional Defense Firm
When a medical professional is accused of misconduct, it is essential that they retain strong legal representation. If you are a healthcare professional who has been charged with a DWI and wish to consult a skilled attorney, contact Walker Medical Law today. Reach out today to set up a free initial consultation.
