When an impaired physician is arrested, do they automatically lose their medical license?

Why would an impaired healthcare provider get into a car after drinking too much alcohol? Shouldn’t healthcare workers know better?

The fact is that an impaired professional makes bad decisions under the influence just like anyone else. Of course, physician impairment is a serious problem, especially after a doctor DUI.

Police officers often give doctors a warning when they pull them over for speeding or a broken tail light. The officer may extend professional courtesy to doctors, nurses, first responders, and teachers.

However, if the traffic stop involves an impaired practitioner, the officer must handle the case differently. An impaired driver cannot be allowed to get back on the road, due to the risk of harming themselves or others.

Hence, the doctor gets arrested and taken to jail for monitoring. Even during off hours, doctors are expected to act professionally, which means that they should not be on the road, driving while intoxicated.

Does a doctor arrested for DUI risk disciplinary action by the medical board?

In every state, doctors are subject to a set of laws and rules that are known as the practice act. When a doctor violates their practice act, their licensure may be at risk.

If a doctor is arrested and goes to jail, many medical boards require that the doctor report the incident. When the arrest is reported to the state, the board will initiate an investigation.

Why would an impaired provider arrested on the road after working hours have to report their DUI arrest to the board? The medical board is concerned about the doctor suffering from a substance use disorder.

If a doctor is addicted to drugs or alcohol, they may be engaging in substance use during work. An impaired doctor with an addiction puts patient safety at risk.

The board may order the impaired colleague to report to a physician health program (PHP), where they will be evaluated by an addiction medicine specialist. If addiction is suspected, the healthcare provider may need to pause patient care until the PHP determines they can recommence work.

What if the physician DUI was a one-time incident, and the doctor has no problem with alcohol or drug abuse?

Unfortunately, the board and the physicians health program will not take a doctor arrested for DUI lightly. Most state physician health programs err on the side of caution. They make the assumption that the doctor is at risk for ongoing substance abuse and possibly drug diversion.

They may want to have medical professionals review the doctor’s medical records, to look for signs of excessive controlled substance prescribing. Disciplined physicians are often subject to extensive retraining through disciplinary courses.

If the doctor was wrongly arrested, and there was no clear case of intoxication, it is important for the doctor to retain a lawyer for their defense. In fact, they may need two different lawyers: a DUI lawyer and an administrative lawyer who defends doctors before the medical board.

Even if the doctor feels that they may have an addiction issue, they should still retain legal counsel. No doctor should face DUI charges or medical board investigation and discipline without legal representation.

Whether the healthcare professional is a doctor or a nurse practitioner, the implications of getting arrested are serious. Healthcare professionals have seen their hard-won careers quickly fall apart, like a row of dominoes falling, one after another.

Is there hope for an arrested physician to keep their career without facing discipline from the board?

It may be possible to get a DUI conviction thrown out. Even if this occurs, the doctor is still likely to be obligated to report their arrest.

When the medical board starts their investigation, the physician’s lawyer will handle all communications. Still, the doctor should be very involved in their own case, doing research and brainstorming.

Legal experts agree that a doctor under investigation is best served by being their own expert witness. Doctors are highly intelligent, and if the arrested doctor is willing, they are likely to be able to identify important details. Details that might help to derail the state’s case against them.

Even if all else fails, and the doctor’s DUI leads to board discipline, it is not the end of the world. A doctor with a restricted license and board obligations can get through probation and supervision.

While it may seem like the end of the world at the time, doctors tend to be resilient, and persistent in overcoming obstacles. Before they know it, the doctor will be finished with their obligations and back to normal practice.

For the best possible outcome, and to learn about how to avoid an arrest leading to board discipline, it will be helpful to get coaching from a concierge doctor with years of experience in working with addicted doctors. If you are a doctor facing a DUI charge or other substance use-related issues, please contact our office for more information on our doctor coaching program.