If you are a physician charged with driving while intoxicated in New York, your medical license may be at risk, even if you were not on the job when the offense occurred. This is because a New York City or Westchester County DWI conviction can trigger an investigation by the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or the Office of Professional Discipline, which could ultimately lead to fines and the suspension or revocation of your license. Continue reading to learn what will happen to your medical license after a drunk driving charge and how one of the experienced New York physician defense lawyers at Walker Medical Law can help you avoid this.

Will I Be Punished by the OMPC or OPD After My Drunk Driving Charge?

Being accused of drunk driving will likely lead to either a felony charge or a misdemeanor charge. And with this criminal conviction now on your permanent record, you are technically guilty of unprofessional conduct. So in short, yes, the OPMC and/or the OPD will take disciplinary actions against you after your drunk driving charge. The investigations are specific to New York State, as they are conducted by agencies responsible for overseeing the conduct of medical professionals and ensuring compliance across the state.

Even if the incident occurred independently of your medical practice, regulators in New York view this as a reflection of your professional judgment and ultimately, your fitness to practice medicine.

Why a DWI Triggers Medical License Discipline

  • A criminal conviction is considered professional misconduct under New York law
  • The OPMC will evaluate if your actions reflect poor judgment or pose a risk to your patients
  • Whether or not substance use will impact your clinical decision-making will be considered
  • Off-duty conduct can still raise concerns regarding professional responsibility and ethics

How Will The OMPC or OPD Punish Me After My Drunk Driving Charge?

When you go to reregister your medical license, there will be a question regarding whether you have been convicted of a crime since your last registration. If your drunk driving was considered a misdemeanor or a felony, and not just a violation, then you must truthfully answer “yes” to this question.

Importantly, you must answer “yes” regardless of whether your conviction was in New York State or a surrounding state. This is because, if you lie on your application, this turns into a much more serious problem.

Providing false information may lead to an additional misconduct offense, which, in some cases, may be more serious than the original offense.

Potential Disciplinary Outcomes

  • Hefty fines ordered by the OPD or OPMC
  • Formal reprimand on your professional record
  • Mandatory substance abuse evaluation or participation in a treatment program
  • Probation with monitoring requirements
  • Temporary suspension of your medical license
  • In cases of severe or repeated conduct, you may permanently lose your medical license

What Factors Affect Whether My Medical License Is Suspended or Revoked?

Not all drunk driving charges result in the same disciplinary outcomes, as New York regulators will carefully examine each offense on a case-by-case basis. This ensures that the appropriate level of discipline is applied in each circumstance.

Important Factors Considered by OPMC/OPD

  • Your Blood Alcohol Content (BAC) at the time of arrest
  • If your actions involved property damage or bodily injury
  • Any aggravating factors, like a minor in the vehicle
  • If the offense occurred in a high-risk area, like a school zone or a location with heavy pedestrian traffic
  • If this is a first or repeated offense
  • Any prior disciplinary action

What Should I Do To Protect My Medical License After a Drunk Driving Charge?

The best alternative you may take to protect your medical license after your drunk driving charge is to request that OPD settle your case via a Violations Committee Settlement.

Notably, this committee is reserved for misconduct of a minor or technical nature. When evaluating your case, they will consider a number of factors to determine the next steps.

Violations Committee Settlement Eligibility Factors

  • Whether there was any property damage or physical injury involved in your incident
  • Whether there were additional charges of leaving the scene of the accident, resisting arrest, or otherwise
  • Your blood alcohol content level at the time you were pulled over and arrested

This option can reduce the long-term impact of disciplinary action, but it does not mean you will evade consequences. Though penalties will still apply, reaching a settlement can help prevent your case from being publicly posted, which can help avoid inclusion in the National Practitioner Data Bank.

Additional Steps to Protect Your License

  • Comply with all reporting and registration requirements
  • Do not make statements without legal representation
  • Attend counseling or treatment programs
  • Retain the assistance of an experienced OPD/OPMC attorney immediately

Contact an Experienced New York City Medical Malpractice Attorney Today

If you are facing a DWI offense as a medical professional in New York City or Westchester County, it is imperative to obtain an experienced medical defense attorney with Walker Medical Law as soon as possible. These charges should not be taken lightly, and working with an attorney can help you fight to protect your medical license. Contact our firm today to learn how we can represent you.