DUI right before starting residency, need advice

[JohnFred4]

(asking for a friend)

Friend (MS4) was arrested for a DUI. He matched in a different state and will be starting residency there soon. From what I understand, he'll have to disclose it to the state licensing board (the state specifically states "you must report any arrest, even if the charge is dropped/dismissed" and specifically mentions operating under the influence. He was literally in the middle of all the onboarding/licensing paperwork so has not submitted his license application yet. On the advice of others here, he is going to get a lawyer ASAP.

1) Should he inform the PD? Others have said it will likely come up on a background check. And that he should check his contract to see if it says anything about having to report this kind of stuff to the program. I guess it's less of a legal question, but should he inform them now, or wait and see if it get dropped?
2) Should he see a forensic psychiatrist for a "fitness for duty" evaluation, which may avoid a more restrictive PHP program/treatment based on what the state board recommends?
3) In addition to getting a DUI lawyer in the state where the DUI occurred, should he also get a lawyer familiar with the state medical board in the state where he'll be practicing?

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[futuredo32]

Unless the charges are dropped, his life is going to be hell on earth with HPRP. I suggest he find the best lawyer money can buy. He should contact a medical licensing lawyer and a dui lawyer who has tried and won a lot of cases in the court where his trial will be held. The licensing lawyer should be able to answer a lot of questions. If your friend was truly guilty of a DUI HPRP is going to make his life awful. If it was a misunderstanding he has hope. If he has a substance abuse problem he needs to address it ASAP

 

[NotAProgDirector]

1. Yes, they should disclose to the PD. The wheels of justice turn very slowly. Most likely, your friend will require time for court appearances and to deal with this. As mentioned, the state PHP is likely to get involved. Basiclly the PD is going to hear about this, so better it comes from them.

2. No, this will not be helpful. No one is going to care about a FFD exam done by someone else. If their new program wants a FFD exam, they will arrange it.

3. Honestly, I'm not sure there's much a licensing lawyer can do at this point. In most states they will be getting a training license. Because everything they do will be supervised, the BoM is usually less restrictive. Regardless, there isn't much a lawyer can do in the time left -- the DUI exists, won't be adjudicated quickly, and they just have to report it.

4. Not mentioned, but DUI = loss of license in most jurisdictions. Your friend should sort out how they are going to get to work on time without a license.

5. The honest truth is that their position may be in some jeopardy here. As mentioned above, the details likely matter. But there is some chance that they will lose their training spot over this, regardless of the license issues.

 

[shaggybill]

I will never understand why some people put themselves in situations like this during a time where your entire future and career and everything you've worked so hard for depends on you making good decisions. And it's not even a difficult good decision.

 

[Dral]

Oof, for something like this, they need to just be up front and honest at every turn. Being proactive is good, but mainly in the context of showing remorse and proving that this WILL NOT happen again no matter what. I agree with others that going to a psychiatrist ahead of time will not help. In fact, it may look a little fishy imo. However, whatever the program requests, they do it. Basically they say jump, and your friend asks 'how high?'.

A DUI lawyer is the way to go here. Good luck to them. Hopefully they can get the charge/arrest sorted out so it's minimal. In a bigger picture sense, I guess this could have been a once and done stupid thing. However, if your friend truly has a substance use issue, they need to get that sorted out for their own sake (and the possible sake of patients down the line).

 

[Crayola227]

lawyer lawyer lawyer for the best possible outcome, no ifs ands or buts about it

 

[dpmd]

I will never understand why some people put themselves in situations like this during a time where your entire future and career and everything you've worked so hard for depends on you making good decisions. And it's not even a difficult good decision.

Presumably they have a substance abuse problem. The fact they might be able to lawyer their way out of the consequences of it should worry all of us rather than be a thing we advocate for.

 

[MedicineZ0Z]

Presumably they have a substance abuse problem. The fact they might be able to lawyer their way out of the consequences of it should worry all of us rather than be a thing we advocate for.

Or just a bad judgement call.

Assuming no one was remotely harmed (including damage to another vehicle etc), there should be some major punishment but not something that threatens a medical career if it's the 1st time.

 

[Oo Cipher oO]

Or just a bad judgement call.

Assuming no one was remotely harmed (including damage to another vehicle etc), there should be some major punishment but not something that threatens a medical career if it's the 1st time.

Very rarely is the first DUI the first time they have ever made the poor decision to drive impaired but only the first time they got caught. It displays bad decision making at best and callous disregard for human life at worst, not qualities we look for in new physicians.