Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Physicians Charged with DUI

When a California physician is arrested for driving under the influence, the implications extend well beyond the courtroom. A DUI accusation can threaten not only a doctor’s driving privileges but also their professional license, hospital privileges, and ability to practice medicine. The Medical Board of California views such conduct as potentially “substantially related” to a physician’s qualifications and may initiate disciplinary proceedings under the state’s Business and Professions Code.

San Diego Physician DUI Defense Lawyer

Because both criminal and administrative processes unfold at the same time, a single misstep can have lasting professional consequences. In the following sections, The Law Office of Michael E. Cindrich, APC explains what physicians need to know about this issue, including important laws, penalties, potential defenses, critical stages of a physician license defense case, and the essential role of legal counsel in protecting a medical career.

The Law Offices of Michael E. Cindrich serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

For a free, confidential consultation, call (619) 262-2500.

Overview of Physicians Charged with DUI in San Diego

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How a DUI Can Put a Doctor’s Medical License at Risk

Impact of a DUI on a Physician’s Career — A California physician charged with driving under the influence faces not only criminal penalties but also possible discipline by the Medical Board of California (MBC). Under Business and Professions Code (BPC) § 2236, any conviction “substantially related to the qualifications, functions, or duties of a physician” is considered unprofessional conduct. This applies whether the offense is a misdemeanor or a felony. Even a first-time misdemeanor DUI under Vehicle Code § 23152(a) (driving under the influence of alcohol) or § 23152(b) (driving with a blood alcohol concentration of 0.08% or more) can result in action against a physician’s license.

Criminal Penalties for a DUI — A first-offense misdemeanor DUI in California is punishable by up to six months in county jail, fines ranging from $390 to $1,000 (plus significant penalty assessments), three to five years of probation, and a six- to ten-month driver’s license suspension. The court also requires completion of a three-month alcohol education program, or longer if the blood alcohol level was 0.15% or higher. A second or third DUI carries mandatory jail time, longer license suspensions, and potential installation of an ignition interlock device. A felony DUI under Vehicle Code § 23153—when someone is injured—can lead to up to three years in state prison, higher fines, and a longer license revocation.

Administrative and Licensing Consequences — The MBC can discipline a physician even after the criminal penalties are resolved. Under BPC § 2239, the use of alcohol “to the extent or in such a manner as to be dangerous or injurious to the licensee or the public” is unprofessional conduct. Depending on the facts, the Board may issue a public reprimand, place the physician on probation for several years (often with alcohol testing and treatment requirements), suspend the license, or revoke it entirely for repeat or aggravated offenses.

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What the Medical Board of California Does After a DUI Arrest

How the Board Learns About a DUI — The Medical Board automatically receives notice of arrests and convictions through multiple sources. Court clerks must report all convictions under BPC § 2236, and prosecutors must notify the Board of any pending criminal charges. In addition, every physician’s fingerprints are on file with the California Department of Justice, meaning any arrest triggers a report to the MBC. Physicians also have a legal duty under BPC § 802.1 to self-report, in writing, any felony charge or misdemeanor or felony conviction within 30 days. Failure to do so is a separate public offense, punishable by a fine of up to $5,000.

How the Board Investigates — Once notified, the Board’s Central Complaint Unit (CCU) reviews the matter to determine jurisdiction under the Medical Practice Act (BPC §§ 2000–2448). If further review is needed, the case is referred to the Health Quality Investigation Unit (HQIU). Investigators obtain police reports, court documents, and probation records to evaluate the physician’s conduct and level of cooperation. The Board assesses whether the DUI shows impaired judgment or substance misuse affecting the ability to practice medicine safely.

Possible Disciplinary Penalties — After its investigation, the Board can take several actions depending on the seriousness of the offense:

  • Citation and fine for a single minor violation.
  • Probation (typically three to five years) with conditions such as random testing, psychotherapy, or participation in treatment programs.
  • Suspension or revocation of the license for multiple DUIs, high BAC levels, or injury cases.
  • Public record disclosure of all disciplinary actions, which can harm hospital privileges, insurance participation, and employment.

Why Legal Representation Matters — Every document and statement provided to the Board becomes part of the disciplinary record. A lawyer can manage both the criminal case and the administrative process, ensuring compliance with reporting laws and working to prevent harsher sanctions.

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Possible Disciplinary Actions by the Medical Board

Overview of Disciplinary Authority — When the Medical Board finds that a physician’s conduct violates the Medical Practice Act, it may impose discipline under BPC § 2227. A DUI conviction is often treated as evidence of unprofessional conduct under BPC §§ 2236 and 2239, even if the court already imposed punishment.

Range of Disciplinary Penalties — The Board has several options depending on the seriousness of the conduct. It may issue a Public Letter of Reprimand for a first-time, low-BAC misdemeanor DUI with no aggravating factors. For more serious or repeat offenses, it can impose probation—usually three to five years—with conditions such as random alcohol testing, attendance in substance abuse programs, or restrictions on supervising mid-level practitioners. A pattern of alcohol misuse or any DUI involving injury can result in license suspension or full revocation. These actions become a permanent part of the public record on the Board’s website and can affect employment, credentialing, and insurance participation.

Substance Abuse Considerations — Under the Uniform Standards for Substance-Abusing Licensees, a DUI conviction may trigger an evaluation to determine whether the physician suffers from an alcohol or substance use disorder. If the Board concludes that substance abuse contributed to the offense, additional probation terms—such as treatment monitoring, therapy, or testing—may be imposed.

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How a DUI Affects Hospital Privileges and Employment

Consequences Beyond the Medical Board — A DUI can also affect a doctor’s professional standing within hospitals and medical groups. Many hospital bylaws require doctors to disclose arrests or convictions promptly. Failure to do so may result in suspension of medical staff privileges, peer review investigations, or termination from medical groups.

Credentialing and Insurance Participation — Physicians on probation with the Board may face difficulty renewing hospital credentials or maintaining participation in insurance networks. In some cases, a DUI-related probation order can make a doctor temporarily ineligible to serve as a Medicare or Medi-Cal provider. The same is true for certain professional liability insurers, who may re-evaluate or terminate coverage when a disciplinary action becomes public.

Employment Contract Implications — Employment agreements often include “good cause” termination clauses for any action that restricts a doctor’s license. A DUI leading to Board probation or suspension may therefore trigger immediate termination or non-renewal of a hospital or group practice contract.

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How a San Diego Physician License Defense Lawyer Helps

Role of Legal Counsel — A San Diego defense lawyer experienced in both DUI and medical license cases can manage the two proceedings. The criminal case and the Board’s investigation are closely linked, and strategic coordination is critical.

Protecting Against Criminal Penalties — In court, the San Diego DUI lawyer can work to reduce charges, such as negotiating a plea from DUI (§ 23152) to reckless driving (§ 23103.5), or pursuing alternatives to jail like community service or treatment programs. Reducing the severity of the conviction often limits what the Board can do administratively.

Defending the Medical License — On the administrative side, an attorney can prepare responses to Board inquiries, ensure timely and accurate reporting, and represent the physician during interviews and hearings. A strong mitigation package—showing rehabilitation, treatment participation, and ongoing compliance—can persuade the Board to impose probation instead of suspension or revocation.

Value of Early Involvement — The sooner a defense lawyer becomes involved, the more control the physician retains. Early legal guidance helps shape how the facts are presented to both the court and the Board, preventing errors that could permanently damage a career.

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Steps a Doctor Should Take Immediately After a DUI Arrest

First Response and Documentation — The physician should immediately contact an attorney familiar with physician license defense. Copies of the police report, court paperwork, and any DMV documents should be gathered and reviewed.

Reporting and Compliance — The 30-day self-reporting deadline under BPC § 802.1 should not be missed. Before submitting anything to the Medical Board, a lawyer should review the report to ensure accuracy and completeness.

Voluntary Rehabilitation Measures — Enrolling in an approved alcohol education or treatment program, completing community service, or attending Alcoholics Anonymous (AA) meetings can demonstrate proactive rehabilitation. The Board often views voluntary corrective steps as strong mitigating evidence.

Avoiding Public Discussion — Physicians should avoid discussing the case with employers, colleagues, or investigators until represented by counsel. Public comments or incomplete explanations can be misinterpreted during later disciplinary review.

Avoiding Making Statements Without Counsel — Speaking directly to Board investigators or providing written explanations without legal advice can lead to unintentional admissions. Every word in those communications can later appear in the disciplinary record.

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Frequently Asked Questions

What happens when a California physician is arrested for DUI?
A DUI arrest can initiate both criminal proceedings and a review by the Medical Board of California. While the criminal court addresses penalties such as fines, probation, or license suspension, the Board may investigate whether the incident reflects impaired judgment or unprofessional conduct related to medical practice.

Can a single misdemeanor DUI impact a medical license?
Even a first-time misdemeanor DUI can result in disciplinary action by the Medical Board. Possible outcomes include a public reprimand, probation with conditions such as alcohol testing, or, in more serious cases, suspension or revocation of the license.

Are physicians required to report a DUI arrest or conviction?
Yes. California law requires physicians to report any misdemeanor or felony conviction—including a DUI—within 30 days to the Medical Board of California. Failure to self-report can lead to additional fines or disciplinary measures.

How does the Medical Board learn about a physician’s DUI?
The Board receives notification from multiple sources, including court clerks, prosecutors, and the California Department of Justice. Because physicians’ fingerprints are on file, any arrest automatically generates a report to the Board.

Can participation in rehabilitation or treatment help a physician’s case?
Voluntary participation in treatment or education programs can demonstrate responsibility and rehabilitation. The Medical Board often considers such proactive steps as mitigating factors when determining disciplinary outcomes.

Does a DUI affect hospital privileges or employment?
Yes. Hospitals and medical groups often require prompt disclosure of any arrests or convictions. A DUI or resulting Board probation can lead to credentialing issues, suspension of privileges, or termination from a medical group.

Can a physician continue to practice while under Board investigation?
In most cases, a physician may continue to practice while the investigation is pending. However, if the Board imposes interim restrictions or probation, the physician must comply with all conditions to maintain active status.

When should a physician contact a San Diego DUI lawyer?
A physician should contact a DUI defense lawyer as soon as possible after an arrest. Early legal guidance helps coordinate the criminal and administrative processes and protects both the medical license and professional reputation.

How can a lawyer assist a physician facing disciplinary action?
A lawyer experienced in medical licensing matters can handle the Board proceedings, prepare required reports, represent the physician during investigations, and work to minimize disciplinary or licensing consequences.

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Resources

Criminal Conviction – How It Might Affect a Physician’s License — This Medical Board of California resource explains how a criminal conviction, including DUIs, can affect a physician’s license. It outlines the Board’s review process, discusses Business and Professions Code § 2236, and describes how the Board evaluates convictions, including misdemeanors and felonies. Physicians can learn what types of conduct may be considered unprofessional and how the Board determines whether disciplinary action is appropriate.

Criminal Action Reporting Form — This official Medical Board of California form is required under Business and Professions Code § 802.1. Physicians use it to report felony charges and misdemeanor or felony convictions. The form explains what information must be submitted, including court case details, sentencing terms, and defense counsel contact information. It also states that failure to report within 30 days can result in a public offense and monetary fine.

Disciplinary Process — This Medical Board of California page explains how disciplinary actions are handled after an investigation identifies possible violations of the Medical Practice Act. It describes the role of the Attorney General, the administrative hearing process, and how final decisions are made by the Board. Physicians can understand their right to a hearing, how accusations are issued, and the steps involved in appealing disciplinary decisions.

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Hire a Defense Attorney for Doctors or Physicians Charged with DUI in San Diego County, CA

A DUI arrest can have devastating consequences for medical professionals, threatening not only your driver’s license but also your medical license and professional standing.

Attorney Michael E. Cindrich understands the unique challenges physicians face when charged with DUI. Our firm focuses on minimizing criminal penalties, protecting your professional license, and preventing disciplinary action from the Medical Board of California.

Call (619) 262-2500 today for a confidential consultation to protect both your career and your reputation.