Medical Board of California Doctor Driving Under the Influence of Alcohol Defense Attorney
The Medical Board of California, known as the MBC, vigorously investigates and disciplines Physicians accused of Driving Under the Influence of Alcohol. An allegation of DUI involving alcohol, narcotics, or prescription drugs against Physicians in California can have profound consequences. Consequences can include Physician and Surgeon License revocation by the Medical Board of California and loss of hospital privileges. California Business & Professions Code Sections 2238, 2239 and 2280 include the prohibition of the following acts involving alcohol, narcotics and prescription pills:
- Excessive Use of Alcohol
- Excessive Use of Controlled Substances
- Illegal Sales of Controlled Substances
- Practice Under the Influence of Alcohol
- Practice Under the Influence of Narcotics
- Violation of Drug Statutes
Controlled Substances and Narcotics include, but are not limited to, the following:
Prescription Narcotics include, but are not limited to, the following:
Thus, even alcohol and drug related violations that do not result in criminal prosecution are grounds for disciplinary action against the Physician by the Medical Board of California. California Doctors facing alcohol or drug abuse allegations should contact an experienced Medical Board of California License Defense Attorney for representation.
Medical Board of California DUI Investigation Defense Lawyer
The majority of Medical Board of California Driving Under the Influence, or DUI, Investigations begin with the filing of a criminal conviction. However, Medical Board of California alcohol and drug Investigations also occur through sting operations, consumer complaints and criminal investigations. The Medical Board of California utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal DUI Investigations involving alcohol or drugs against Doctors. These employees investigate criminal and administrative law violations related to DUI involving alcohol or drugs committed by Physicians. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands issues faced by Physicians facing disciplinary action for substance abuse violations related to Driving Under the Influence of Alcohol. At the conclusion of a Medical Board of California investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In substance abuse cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution. If you are a Physician facing a Medical Board of California Investigation for alcohol or drug substance abuse violations, contact a California Physician License Defense Attorney for representation.
When a Medical Board of California Investigation occurs due to a criminal conviction, the Medical Board of California assigns the matter to an Investigator. A Medical Board of California Investigator will contact the Physician to conduct either an in person interview, or obtain a written statement. The Medical Board of California will also conduct a review of the police and Court records. Discipline may vary according to whether or not the following factors were present (not an all inclusive list):
- Child Endangerment
- Exhibition of Speed
- Excessive Blood Alcohol Content (BAC)
- Felony DUI
- Hit & Run
- Misdemeanor first offense DUI
- Misdemeanor second offense DUI
- Misdemeanor third offense DUI
- Dry Reckless
- Wet Reckless
If you are a Doctor facing a Medical Board of California Investigation for DUI, alcohol, or drug related offenses, contact a California Physician License Defense Attorney for representation.
California Physician License Driving Under the Influence of Alcohol Accusation Defense Attorney
A formal Accusation served on a California Physician serves as notice to a Physician that the Medical Board of California intends to revoke the Physician License. A substantiated allegation of Driving Under the Influence of Alcohol, or DUI, by a Doctor almost always results in the filing of a disciplinary Accusation.
An Accusation is a serious matter that can result in the suspension or revocation of a Physician License in California. In many cases, it is possible for Doctors to reach a Stipulated Agreement with the Attorney General’s Office and Medical Board of California. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH). Disciplinary Accusations involving DUI or substance abuse can result in revocation of a Physician and Surgeon License by the Medical Board of California. Doctors facing a Medical Board of California Accusation should contact an experienced California Physician License Defense Attorney for representation.
California Physician License Hearing For DUI Conviction
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The Medical Board of California can adopt, modify or reject the ALJ’s Proposed Decision. The Medical Board of California’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Doctor to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Physician can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Physicians facing a Medical Board of California Administrative Law Hearing need effective representation from a Medical Board of California License Defense Lawyer.
California Physician DUI Criminal Charges and Medical Board of California Discipline
The Medical Board of California can discipline Doctors for substance abuse that rises to the level of criminal activity, but violates an Administrative Law regulation. The Medical Board of California disciplinary process is separate from the Criminal Law process. The Medical Board of California can discipline Doctors for certain criminal convictions. Medical Board of California Physician discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Physician. All alcohol and drug related DUI crimes are substantially related to the duties, functions and qualifications of a Doctor.
The Medical Board of California and other law enforcement agencies often conduct criminal investigations against Physicians for substance abuse. In serious criminal cases against Doctors pending in Criminal Court, the Medical Board of California and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Physician. A California Penal Code § 23 Order seeks to suspend a Physician License in Criminal Court. Doctors facing criminal charges and Physicians who are convicted of criminal offenses need an experienced California Physician License Defense Attorney for representation in disciplinary proceedings before the Medical Board of California.