Depending on your occupation, a DUI can negatively affect your professional license. This, in turn, may jeopardize your livelihood, your finances, and your future. Whether you have been charged with or convicted of driving under the influence, you need to be mindful of how a criminal record could potentially impact your career.
Retaining the right legal counsel is important. Not all law firms are equipped to handle the nuances of professional licensure as it intersects with DUI arrests and charges. However, Joseph, Hollander & Craft represents clients in both criminal defense and licensure defense matters. We know the rules that govern license holders, and we understand the criminal statutes in both Kansas and Missouri. Let us develop the most optimal strategy for protecting your license today.
Carrie E. Parker is a criminal defense and civil litigation attorney located in Lawrence, KS. Ms. Parker represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts. She also represents businesses and individuals in complex civil litigation and property holders seeking the return of assets seized for forfeiture. […]
Potential Outcomes for DUIs
A DUI arrest can lead to both criminal and professional repercussions for licensed professionals. As for the criminal matter, you could face monetary fines, jail time, and driver’s license suspension, among other penalties. Although these can be serious disruptions to your life, their effects may not be as extensive as the administrative consequences.
Among the professions listed below, the outcome of a DUI conviction may vary. In other words, how a DUI impacts your profession depends on which industry you are in. Notably, the professional licensing boards in Kansas and Missouri (e.g., for medical professionals, the Kansas State Board of Healing Arts and Missouri Board of Healing Arts) largely treat DUI convictions the same.
Our firm is able to help members of the following professions, and others, who are facing DUI or DWI charges.
Medical Professionals
Licensing authorities are largely concerned with healthcare professionals’ impairment and substance abuse problems as they may affect patient care and public safety. A first-time DUI conviction could trigger an investigation, administrative hearing, and, in some cases, treatment and monitoring programs.
Legal Professionals
For legal professionals like lawyers and paralegals, even a first-time DUI conviction may warrant disciplinary attention. Harsher penalties can follow anything that harms a client (e.g., failing to show up in court due to a DUI or other problems with alcohol). If there is a pattern of alcohol-related misconduct, long-term monitoring and treatment should be expected.
Financial Professionals
This category includes accountants, financial advisors, real estate agents, and insurance brokers. A conviction for a DUI can potentially raise questions about the person’s professional judgment. This is because clients often rely on these professionals for serious transactions. However, as with most professionals, the repercussions are typically most rigorous when there is evidence that a DUI or alcohol use has directly harmed a client.
What About Repeat or More Serious Offenses?
Repeat offenses could cause more problems than isolated issues. A pattern of misconduct will certainly raise suspicion about the professional’s ability to make critical judgments affecting the lives and well-being of patients, clients, and others who rely on them.
If there are more serious circumstances attached to the DUI, like bodily injury or leaving the scene of an accident, these could make the outcome of a professional licensing matter worse. Felony DUI convictions will also have more serious repercussions. As with all DUI cases in both criminal and administrative matters, the specific facts of your case are relevant.
Even if you are only facing a first-time DUI charge or conviction, you should never assume that your licensing board will overlook the matter. Talk to our law firm to be on the safe side.
Mandatory Reporting Requirements for Licensees
Many licensing boards require licensees to affirmatively report criminal convictions, even for misdemeanor DUIs. It may be an ongoing duty or something that professionals must do during their license renewals. But the obligation can vary depending on the profession and the details of the conviction.
DUI Defense Strategies Tied to Licensing Risks
It should be stressed that the impact of a DUI arrest or conviction on your license will depend heavily on the unique facts of your case. If you have been charged or convicted, you should seek legal representation immediately. Joseph, Hollander & Craft practices both criminal defense and professional license defense, which means we are a one-stop law firm that is ready to assist you. Here are some defense strategies we may employ in your matter:
- Working to avoid a conviction: Obviously, it would be best if you are not convicted of a DUI to begin with. Our DUI defense lawyer will explore all legal avenues to avoid a conviction, such as challenging the prosecution’s evidence and seeking dismissal of the charges if the circumstances allow.
- Working to reduce DUI charges and contest non-DUI charges: If a conviction of some sort cannot be avoided, it may be possible to at least reduce the charges. Likewise, if the licensee is facing non-DUI charges, we can seek a dismissal, reduction, or acquittal, as the facts dictate.
- Suppressing evidence: This has the benefit, primarily, of possibly helping you avoid a criminal conviction. We caution that suppression of evidence in your criminal proceedings doesn’t automatically guarantee that information will not be conveyed to your licensing board.
- Challenging the evidence: Apart from working to suppress evidence, we can also challenge its reliability and relevance. For example, the results of a field sobriety test may be admissible in court, but we can still potentially raise questions about it. The evidence and testimony that are produced on your behalf during trial could help you in subsequent disciplinary proceedings.
- Considering early assessment and treatment: Being proactive is always a positive approach when it comes to defending one’s license. We can review your criminal case and determine if it would be in your best interests to participate in substance abuse counseling, treatment, or diversion and alcohol education programs. This could later signal to your licensing board that you’ve recognized the seriousness of the DUI and have accepted responsibility for it.
- Emphasizing mitigating factors: These may include the absence of prior offenses, no prior licensing board actions, and community involvement. We can also emphasize your professional accomplishments, community service, character references, and compliance with court requirements.
- Separating the DUI from your professional life: A DUI should not define you, and we will work to isolate it from your professional life. For instance, we may be able to show that no misconduct occurred at work, that no clients or patients were harmed, and that the DUI had no effect on your professional conduct or the discharge of your ethical duties.
- Assisting with mandatory reporting: If your arrest or conviction is such that you must report it to your licensing board, we can handle this step. We will work to timely report the incident to the proper authorities, include supporting documents, and provide supplemental materials like an explanatory statement.
Immediate Steps for Licensed Professionals Facing Criminal Charges
If you are facing criminal charges, the decisions you make next could shape your professional future for some time. We advise that you do the following:
- Retain an experienced attorney immediately to discuss both the criminal and professional aspects of your case.
- Work with your attorney to disclose the charges to your licensing board, if necessary.
- Preserve all documents related to the DUI, including tickets, charging documents, and court notices.
- Compile any relevant evidence, even if you believe it makes you look guilty (an example might be a receipt from a bar showing how much alcohol you consumed prior to the traffic stop).
- Follow all court orders, bond conditions, and administrative requirements from your licensing board.
- Avoid discussing your charges with colleagues, family members, and friends–including on social media.
- Consider, with input from your lawyer, participating in treatment programs.
- Develop a comprehensive legal strategy with respect to both criminal and administrative matters.
Contact Joseph, Hollander & Craft Today for Help
Are you facing DUI charges, or have you already been convicted? The time is now to protect both your freedom and your license with help from Joseph, Hollander & Craft. Our legal team can examine the facts surrounding your DUI and then walk each step with you through a personalized plan that seeks the most advantageous results. We have offices in Kansas City, Lawrence, Overland Park, Topeka, and Wichita for your convenience. Call or contact us today.
