DUIs and Your Professional License
With a few exceptions, California Business & Professions Code section 490 authorizes a licensing agency or board to discipline a licensee convicted of a crime that is "substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued." Occasionally I have clients accused of driving under the influence who will ask me: “what’s going to happen to my professional license?” Below is some useful information about how a driving under the influence conviction may affect someone’s professional license in California.
Licensing boards in California may deny, revoke, or suspend a license based on a criminal conviction. Easy enough? The professions subject to discipline for DUI convictions include attorneys, medical doctors, nurses, dentists, occupational therapists, chiropractors, insurance and real estate brokers, certified public accountants and public school teachers - just to name a few! Any disciplinary action taken by a licensing board depends on a number of factors, including the severity of crime resulting in conviction and whether a nexus can be established linking the crime to the functions or duties of the profession. Licensing boards usually cannot take disciplinary action based solely on a conviction that has been dismissed under Penal Code sections 1203.4, 1203.4a, or 1203.41, or on a conviction that is more than seven years old (there are some important exceptions here). This can be tricky and so it’s always wise to consult an experienced defense attorney if you have questions about your situation.
In recent years, licensing boards have shown an increasing tendency to discipline or even deny licenses based on DUI convictions. While the decision to discipline is often at the discretion of each board, multiple DUI offenses are typically more concerning than a single incident, as they may suggest an underlying substance abuse disorder. It’s safe to say that in most cases where discipline is based solely on a DUI conviction, the penalty imposed is less severe than license revocation.
Keep in mind that a licensee or applicant can worsen their situation if they have a prior DUI conviction and they fail to disclose it on a license application or renewal form. This includes convictions resulting from guilty or no contest pleas, as well as expunged convictions. Failing to disclose your DUI conviction can even be considered much more serious than the DUI itself because it directly reflects on the licensee’s honesty and moral character.
As for discipline, the licensing agencies usually review the facts and circumstances underlying the criminal conviction. They might consider as aggravating factors things like a high blood-alcohol level or DUIs involving collisions. One of the primary focuses, however, is on whether "the crime or act is substantially related to the qualifications, functions or duties of the business or profession for which application is made." California licensing agencies are also required to establish discipline guidelines for when their licensees are convicted of crimes.
If you have been arrested or charged with driving under the influence in the North State and are concerned how it might impact your professional license, contact me to schedule a free 30-minute consultation at my office in Chico. Be safe!
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