Many unique aspects of a physician assistant's profession make them more likely than those in other occupations to have to navigate a DUI. Due to their high-stress jobs, they may be tempted to abuse substances with their easy access to powerful prescription medications. But it can come from an aspect of a demanding daily schedule.
Well over 100,000 healthcare professionals struggle with substance use or addiction every day. Since the COVID-19 pandemic, substance abuse and alcoholism have only increased for Physician Assistants and remains underreported, which has led to an even greater threat to their livelihoods. Decisions promoting patient health and well-being can become a risk when mixed with unpredictable and exhausting work hours.
Unfortunately, DUIs are not uncommon among Physician Assistants. Pennsylvania's DUI laws and subsequent criminal charges are unforgiving and can lead to the following professional consequences:
- Driver's license suspension and mandatory alcohol or driving classes
- Severe practice restrictions with the potential for license revocation
- Thousands of dollars in fines and years spent behind bars
Physician Assistants facing criminal charges and license discipline need a dedicated ally in Pennsylvania. The LLF Law Firm ensures they have the guidance and representation needed to keep a career intact. Our Criminal Defense Team leverages our extensive experience with Pennsylvania DUI cases and state agency administrative procedures, and we are dedicated to achieving the best outcome. Call us at 888-535-3686 or fill out our confidential consultation form, and we will contact you.
Pennsylvania's DUI Laws
Pennsylvania's DUI laws are designed to maintain public safety and impose strict consequences for those who choose to operate a motor vehicle under the influence of any intoxicating substance. DUI charges normally originate from consuming alcohol and ingesting drugs but can even include a slight overindulgence of over-the-counter cough suppressants.
Usually, DUI criminal charges don't come after a major life-threatening crash or property destruction while on the road. They begin with minor traffic violations like the following:
- Failing to keep within a travel lane
- Forgetting to indicate a turn
- Pulling up too far at a stop sign
- Having a damaged taillight
Critically, police officers don't need to be following behind an intoxicated driver and witness them swerving between lanes, speeding, or driving carelessly to make an arrest. In Pennsylvania, if officers can determine a certain person had "actual physical control" of the vehicle or establish that they "were about to drive" or "had driven" impaired to the location, they can make a probable cause arrest.
Tiered BAC Impairment System
DUI charges are based on a tiered system of blood alcohol content (BAC) and prior DUI convictions. "General Impairment," the lowest tier, is for a BAC between .08 and .099 percent. A "High BAC" charge is left for those who have at least a .10 percent BAC at the time of the arrest but no more than .159 percent. The third and most severe tier is aptly named "Highest BAC," relegated to individuals who have a .16 BAC and above.
Tiers are based on impairment from alcohol; those who are arrested and have consumed drugs experience enhanced charges. No matter what kind or the amount of any non-alcohol drug, drivers are charged in the Highest BAC category.
Can Physician Assistants Refuse a Breath Test?
Some Physician Assistants may believe that they can get away with charges if they refuse a breath test during a DUI stop. However, Pennsylvania has an implied consent law asserting that any person driving on the Commonwealth's roads automatically consents to a chemical test—blood, breath, or urine—for alcohol or drugs.
Refusing a test carries significant penalties separate from those for DUI itself. Critically, an automatic license suspension of at least 12 months for a first refusal, with longer suspensions possible for subsequent refusals, even if the driver isn't ultimately convicted of DUI.
How Does Pennsylvania Manage DUI Charges?
After an arrest, how local prosecutors manage the grading of charges depends not only on the BAC of the driver but also on their DUI history. With aggravating factors, penalties increase. For instance, if an officer stops a physician assistant and refuses a breathalyzer, prosecutors can use the refusal as evidence to upgrade charges.
Courts normally charge first-time DUIs as ungraded misdemeanors unless testing in the Highest BAC category. For impairment from drugs, the charge is a first-degree misdemeanor, and the following are the potential punishments:
- General Impairment: six months probation, $300 fine, completion of Alcohol Highway Safety School (AHSS), and treatment
- High BAC: 12 months driver's license suspension, two days to six months in jail, $500 to $5,000 fine, completion of AHSS, and treatment
- Highest BAC: 12 months driver's license suspension, one year of ignition interlock, three days to six months in jail, $1,000 to $5,000 fine, completion of AHSS, and treatment
Pennsylvania handles second and subsequent DUI offenses as second-degree and first-degree misdemeanors, with maximum punishments leading to five years incarceration. Fortunately, however, Physician Assistants can take advantage of an opportunity to avoid harsh punishment through court-monitored rehabilitation programs.
Accelerated Rehabilitative Disposition
Pennsylvania's Accelerated Rehabilitative Disposition (ARD) program will allow Physician Assistants to avoid a formal criminal conviction through court-ordered stipulations. Eligible offenses include:
- First-time DUI charges
- Minor drug offenses
- Non-violent misdemeanors
ARD typically lasts six months to two years and is heavily dependent on the associated charges and the participant's compliance with community service, counseling, monitoring, restitution, and other requirements. Unless a habitual offender, records are expunged ten years after successful completion. However, failure to meet conditions can lead to program removal and a return to court for a criminal conviction.
Licensure Implications for Physician Assistants
Even if prosecutors drop DUI charges or Physician Assistants are acquitted, it can threaten the ability to practice medicine. Charges can kick off an inquiry from the Bureau of Professional and Occupational Affairs (BPOA).
An investigation conducted by the BPOA or the Bureau of Enforcement and Investigation will gather evidence, such as police reports, subpoenaed hospital tests, and witness testimony. The Pennsylvania State Board of Medicine (BOM) may attempt to negotiate a consent agreement if the evidence in your case is convincing, which entails acknowledgment of guilt and willingness to accept the board's penalties.
If no consent agreement is signed, Physician Assistants are summoned to appear at a formal hearing before a state examiner. After hearing testimony from the licensee, the examiner recommends disciplinary action to the BOM, which could be as minor as a formal reprimand or as severe as a full license revocation. Yet, there are forms of alternative sanctions that allow Physician Assistants a chance for rehabilitation.
Voluntary Recovery Program
Much like the ARD Program, the Voluntary Recovery Program (VRP) is available for healthcare professionals licensed by the board suffering from a diagnosed mental or physical disorder. Importantly, upon completion, no public record remains of involvement.
Licensees eligible for the program are evaluated by a VRP-approved provider to verify a disorder, and then practitioners must join an approved treatment plan. They also enter into a three-year consent agreement with the BOM, which includes maintaining compliance with:
- Alcohol and drug testing
- Restricted and limited scope of practice
- Case manager monitoring
- Mandatory support group attendance
Physician Assistants in VRPs are prohibited from working in emergency and operating rooms, intensive and coronary care units, and cardiac catheterization laboratories without specific written permission and from supervising personnel. They are also forbidden from private practice.
Challenging DUI Charges
Criminal conviction isn't guaranteed in DUI cases. It requires challenging the prosecution, from the initial traffic stop to evidence presentation in court.
Physician Assistants can argue whether officers had probable cause to conduct a traffic stop or an arrest. Moreover, they can scrutinize the administration of field sobriety tests and devices used to determine intoxication, including lab results. Faulty equipment, unlawful evidence collection, procedural errors, and more can weaken the prosecution's case.
Yet, licensees have more than defense techniques to mitigate punishments. They can negotiate for a reduction in punishment through alternative sentencing programs like VRP and present other evidence of rehabilitation. Nevertheless, securing relief is managed far more easily with the assistance of the LLF Law Firm.
Protect Your Practice With the LLF Law Firm Criminal Defense Team
Physician Assistants facing DUI charges can easily experience double punishment. Board orders create a publicly searchable disciplinary record that can end a long, rewarding career. Incarceration and fines aside, criminal convictions often create obstacles when gaining back a license to practice. Additionally, insurers may increase professional liability insurance premiums for Physician Assistants with DUI-related convictions, classifying them as higher-risk professionals.
Defending against charges is complex as there are two varying degrees of culpability. Courts convict "beyond a reasonable doubt," but board procedures only apply the "preponderance of the evidence" standard. The LLF Law Firm provides an invaluable service with defense experience in both administrative issues like license discipline and the criminal charges emanating from DUIs.
Early intervention by our Criminal Defense Team can reduce charges, secure treatment program acceptance, or achieve a full dismissal. Call the LLF Law Firm at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
