DUI During Medical School
Started by IMessedUp15
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Talk to a lawyer ASAP. No one on here could give you better advice than an actual lawyer.
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In a lot of states that doesn't even matter, even having your keys on you in some states can get you charged with a DUI.
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Just be aware that "full responsibility " can mean stiff repercussions with your school and needing to report in the future. Only time and a lawyer will help you figure that out
Don't do this again, it's dangerous and kills people
Don't do this again, it's dangerous and kills people
In some states, you need only be behind the wheel. Whether the car is moving or the engine is running is not always required.
In many states you don't even have to be behind the rule. One can get a DUI while asleep in the back seat with the keys in the trunk. It might not seem fair, but those are the rules we live by.
I once had a delightful dinner conversation with a policeman and a lawyer, and I asked about all the clever ways I could think of to be drunk and near / in my car and get away with it without getting a DUI. Every single scenario I came up with was shot down except this one: get drunk, get in an accident, hop out of the car, open a bottle of whiskey, and drink it while waiting for the police to arrive. Tell the police you were so shaken up by the accident that you just had to have a drink right away. Both the lawyer and the policeman thought I could get away with that one.
I have no plans to test this one out though.
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Do you even have to blow? My understanding is that you can refuse.
I agree that you should speak to a lawyer. The fact that NJ DUI isn't a criminal matter is very good for you, but this will still be a problem going forward. Lawyers don't come cheap, so plan on budgeting for it now. Interestingly, this site has a bunch of information. It tells you that not getting a lawyer is basically stupid. Then, at the end, he points out that a lawyer can't really help you all that much due to the new breathalyzer they use. They point out that often the best way to fight these in court is via probable cause -- which won't work in your case likely. You're not going to make this go away, the best you can hope for is to drop it from a Tier 2 to a Tier 1 offense (if your BAC was less than 0.1, it would have been Tier 1).
In any case, you should assume that you will pay a bunch of fines/penalties (perhaps $500-1000 total), have your car insurance rates increase, and a $1000 annual surcharge on your insurance for 3 years. Plus, your license will be suspended for at least 3 months, and up to 12 months.
Then, the question is whether it's reportable to your school. You can check your student handbook. But regardless, I'd think twice about trying to keep it hidden. Often there's a clause in your handbook that states that you need to report "professionalism" issues, or some vague statement like that. And if your school finds out, you could be punished for hiding it, which might be much worse than what will happen to you for reporting it. This somewhat depends upon the school involved -- Loma Linda might have a very negative view of DUI.
Ultimately it will be reportable on your ERAS application. Although it's not a misdemeanor, there's a question asking if anything in your past might cause problems with licensing. And you'll need to disclose this in your answer. What to do about this is debatable. Some would say that you should just say that you're very sorry/embarrassed and that it won't happen again. Others might encourage you to enroll in some sort of education / monitoring program to demonstrate that you're serious. Because you don't have a medical license yet, the Board of Medicine won't impose anything. Getting some advice from your Dean might be helpful.
In any case, you should assume that you will pay a bunch of fines/penalties (perhaps $500-1000 total), have your car insurance rates increase, and a $1000 annual surcharge on your insurance for 3 years. Plus, your license will be suspended for at least 3 months, and up to 12 months.
Then, the question is whether it's reportable to your school. You can check your student handbook. But regardless, I'd think twice about trying to keep it hidden. Often there's a clause in your handbook that states that you need to report "professionalism" issues, or some vague statement like that. And if your school finds out, you could be punished for hiding it, which might be much worse than what will happen to you for reporting it. This somewhat depends upon the school involved -- Loma Linda might have a very negative view of DUI.
Ultimately it will be reportable on your ERAS application. Although it's not a misdemeanor, there's a question asking if anything in your past might cause problems with licensing. And you'll need to disclose this in your answer. What to do about this is debatable. Some would say that you should just say that you're very sorry/embarrassed and that it won't happen again. Others might encourage you to enroll in some sort of education / monitoring program to demonstrate that you're serious. Because you don't have a medical license yet, the Board of Medicine won't impose anything. Getting some advice from your Dean might be helpful.
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Sure, you can refuse. In NJ, it looks like they treat you the same -- lose your license, pay a fine/penalties, and you get the bonus of an interlock device for 6 months. And it's probably still reportable.
Too many factors, it may have been a no refusal weekend, and to be honest, I have no clue about NJ laws.
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I would get a lawyer before notifying your school. You haven't been convicted yet... You have nothing to report right now. Just get a lawyer and I recommend avoiding the involvement of administration unless you are explicitly told to do so by the student handbook.
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In my state, if you refuse to take the breath test, then the cops get a warrant and you have to take a blood test.
You're getting some great advice on this forum
Before telling ANYONE at the school, friends at school, mentors, administrators blah blah blah, find yourself legal representation skilled in this area.
Court costs, fines etc may or may not be in the cards. But protecting yourself and your livelihood/investment is of paramount importance. Will you have to ante up and disclose this to a med school admin or on an application for residency or license? Who knows bub. You need to construct a list of concerns and present them to a lawyer for guidance and (gulp) maybe a dose of reality.
Good luck! We all make mistakes personally and professionally. Find your inner child, calm him down, and get to work in a level headed manner.
As stated multiple times - but it bears reiteration: get a lawyer.
It's your first offense? I don't specifically know NJ laws, but it seems likely you can get the entire charge dismissed with community service/diversion classes/etc. Forking over some money now for good legal representation will save you a whole lot of headache later.
Good luck. Glad you stopped driving; it could have been much worse.
It's your first offense? I don't specifically know NJ laws, but it seems likely you can get the entire charge dismissed with community service/diversion classes/etc. Forking over some money now for good legal representation will save you a whole lot of headache later.
Good luck. Glad you stopped driving; it could have been much worse.
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I would talk to your school, they will address it on letters and help you figure out what to do to show positive changes. We had one speaker at our medical school who had to do speaking engagements because of alcohol abuse, he had a series of events that he described but his biggest thing was if it had been identified earlier his life would have been much better. I know several recovering alcoholics, some in medicine, they have charges on their records much worse than what you might get, biggest thing is they are able to say what happened and why it won't happen again and what life changes they have made to ensure it won't happen. When our program discusses applicants, if they have red flags then our program director will say if they appear to have things under control, we usually don't find out exactly what the red flag was just that they have one. Our program director usually has more information than we do. Not sure what you have to disclose but the same questions I think were on my state license and dea if I'm remembering correctly.
I am not saying you are an alcoholic, just giving examples that I'm aware of.
I am not saying you are an alcoholic, just giving examples that I'm aware of.
Make sure you check on what your school requires as far as reporting is concerned. Some schools are very harsh with things like this, and some schools are harsh only if you don't report it to them (like kicking you out for a violation of professionalism for trying to hide it.) It's best to be upfront, especially because then people at your school can help you to deal with it and how to plan for residencies. You won't be the first student that has something like this happen, so there are people that could help you at your school.
As far as residency chances are concerned, I'm going to be blunt. It will most likely affect you. What that means is you need to plan accordingly. Depending on how competitive you are otherwise, apply to a larger number of residencies. Make sure that you apply to some mid or lower tier residencies in your specialty choice to make sure you have options. Make sure that you can explain it, and you'll probably need to explain it on your MSPE. I know someone who was in a very similar situation to you, and they decided to go into a "class" offered by the state about safe driving and stuff like that. It gave the impression that they were really willing to make sure it doesn't happen again. Make sure that you can talk about it in residency interviews and spin it as a mistake that you learned from, grew from, and how you've changed and how it'll never happen again.
Also, California can be difficult to get a residency, so maybe think about other geographic areas you'd be okay with living in. Just remember that even if you go to a residency in another state, it's only for a few years. You can always go anywhere you want after you finish your training. It'll most likely have less impact on your ability to get a job once you are done with your residency because it'll have been a good few years in the past and because (assuming you don't make another legal mistake) it'll show you can be responsible/perform well in a residency.
In the end, you'll be okay.
