Studies show that well over 100,000 healthcare professionals struggle with substance use or addiction every day, and at least one in 10 physicians develop problems with drugs or alcohol during their careers. Although physicians comply with the federal government's controlled substance regulations, abuse exists for those who self-medicate to relieve stress, improve focus, or alter their moods at home and on the job.
Since the COVID-19 pandemic, substance abuse and alcoholism have increased for physicians and remain severely underreported. Unfortunately, DUIs are not uncommon among this cohort, and subsequent criminal charges can lead to:
- Severe restrictions on practice scope or the loss of a license to practice
- Driver's license suspension and mandatory classes
- Thousands of dollars in fines and restitution
- Years spent behind bars
Know where to turn when criminal charges arise. The LLF Law Firm ensures that you have the guidance and representation you need to keep your career intact. Our Criminal Defense Team leverages our extensive experience with Pennsylvania DUI cases, all dedicated to your best outcome. Call us at 888-535-3686 or fill out our confidential consultation form.
Pennsylvania's DUI Laws
Simply put, Pennsylvania's DUI laws prohibit driving, operating, or physically controlling a motor vehicle under the influence of any intoxicating substance, such as alcohol or drugs. Most DUI offenses originate from minor traffic violations like swerving between lanes, failure to indicate lane changes, or speeding. However, Pennsylvania police officers don't need to witness the vehicle's movement to make a DUI arrest. If an individual is deemed to have "actual physical control" of the vehicle, circumstantial evidence to establish they "were about to drive" or "had driven" impaired to the location of the stop.
In Pennsylvania, arrests may occur for being over the legal limit, for driving while impaired but not necessarily over the legal limit, and for driving under the influence of drugs. Charges are based on a tiered system of blood alcohol content (BAC) and prior DUI convictions:
- General Impairment: .08% to .099%
- High BAC:10% to .159%
- Highest BAC: 16% and up
Those allegedly impaired because of drugs are automatically included in the highest BAC category. Additionally, Pennsylvania has an implied consent law asserting that any person driving on Pennsylvania roads automatically gives their consent to a chemical test—blood, breath, or urine—for alcohol or drugs. Refusal leads to further consequences.
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. If there are aggravating factors, penalties increase.
For a physician's first DUI, the charge is an ungraded misdemeanor unless testing in the Highest BAC category, which includes drugs. In that case, the charge is a first-degree misdemeanor. The following are the punishments available to the presiding judge:
- General Impairment: six months probation, $300 fine, completion of Alcohol Highway Safety School (AHSS), and treatment
- High BAC: one-year driver's license suspension, two days to six months in jail, $500 to $5,000 fine, completion of AHSS, and treatment
- Highest BAC: one-year 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
Judges retain the option to impose sentencing enhancements if the driver refuses a breathalyzer or chemical test or if the charges come after four or more prior offenses.
Pennsylvania handles second and subsequent DUI offenses as second-degree and first-degree misdemeanors. Unless physicians battling against alcohol or substance abuse gain the help they need, up to five years in jail is a possibility in those cases. Yet, the Commonwealth can grant physicians an opportunity to avoid jail time and expensive fines and retain their access to transportation.
Accelerated Rehabilitative Disposition
Pennsylvania's Accelerated Rehabilitative Disposition (ARD) program allows first-time, non-violent offenders to avoid a formal criminal conviction by completing a series of court-ordered requirements. Eligible offenses include:
- First-time DUI charges
- Minor drug offenses
- Other non-violent misdemeanors
If the judge accepts, the defendant must comply with certain stipulations, such as attending treatment programs, completing community service, temporary driver's license suspensions, or paying fines and restitution. ARD typically lasts for a set period—often between six and 24 months—depending on the charges and the participant's compliance.
Unless a habitual offender is present at the time of the DUI, records are expunged ten years after successful completion. However, negotiations with the Pennsylvania Department of Transportation could facilitate an earlier expunction. Yet, failure to meet conditions can lead to removal from the program and a return to court for criminal potential for conviction or increased penalties.
Licensure Implications for Physicians
Even if prosecutors drop DUI charges or physicians are acquitted, there are still potential consequences that can threaten their 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 Board of Medicine 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. The physician is summoned to appear at a formal hearing before a state examiner if no consent agreement is signed.
During the hearing, physicians must argue why their license should not be revoked because of the DUI charge. After the hearing concludes, the examiner will make recommendations to the board about any disciplinary actions, which could be as minor as a formal reprimand or as severe as a full license revocation.
Voluntary Recovery Program
Although the board reserves the right to levy discipline for DUI charges, it may decide to give the physician a chance with the Voluntary Recovery Program (VRP). The program is available for healthcare professionals licensed by the board suffering from a diagnosed mental or physical disorder.
To confirm eligibility for the program, a VRP-approved provider will evaluate to verify that the diagnosed mental or physical disorder exists. Then, physicians—or other healthcare providers—must join an approved treatment plan. They also enter into a three-year Consent Agreement with the board to maintain compliance with:
- Random alcohol and drug testing
- Probationary terms with scope of practice
- Monitoring by a case manager
- Support group attendance
Physicians following VRP programs—without specific written permission—are barred from working in emergency and operating rooms, intensive and coronary care units, cardiac catheterization laboratories, and even private practice. They are also prohibited from supervisory duties.
Upon completion, there will be no public record of their involvement in the VRP or records of issues that led to enrollment. However, the VRP may not quell punishment levied by the state criminal justice system.
Impacts on Pennsylvania Physicians
A DUI conviction can lead to jail time, fines, and license discipline for physicians. However, the negative impacts are far-reaching.
Physicians will create a publicly searchable criminal record that may raise doubts about their judgment and reliability, eroding trust among patients, colleagues, and employers. Existing occupational or partnership agreements may also include morality or conduct clauses that trigger termination following a criminal conviction. Furthermore, insurers might increase premiums for physicians with DUI-related convictions, classifying them as higher-risk professionals.
Even though physicians may want to begin practicing in a different state, licensing authorities require a background check, which will reveal a DUI conviction. Therefore, it's imperative to mount a robust defense when charges arise.
Challenging DUI Charges
Facing a DUI charge that can impact the ability to work as a physician is a tough undertaking, but it's not impossible to defend. Attorneys from the LLF Law Firm can approach your defense in several ways, scrutinizing the prosecution at every step, from the initial traffic stop to the prosecution's trial strategy.
Some routes toward remedy we can take include the following:
- Examining whether officers had probable cause to conduct a traffic stop
- Determining whether the field sobriety tests were administered correctly and testing devices were properly calibrated
- Analyzing lab results to contest their accuracy
Procedural errors or faulty equipment can weaken the prosecution's case considerably. By mounting a detailed, evidence-based defense, our attorneys will look to negotiate for reduced charges, alternative sentencing programs, or ultimately achieve a not-guilty verdict.
Protect Your Practice With the LLF Law Firm Criminal Defense Team
Physicians defending against DUI charges face double punishment. But critically, it comes with two varying degrees of culpability. Courts convict when evidence is "beyond a reasonable doubt," but board investigations only need to apply the "preponderance of the evidence" standard. This creates a challenging situation for physicians and local lawyers who know one standard of adjudication. With the LLF Law Firm, our attorneys are well-versed in both criminal matters and professional license discipline.
For physicians, criminal consequences directly influence career prospects, employment opportunities, and the confidence of patients and peers. Early intervention by our skilled Criminal Defense Team can help reduce charges, secure ARD or VRP program acceptance, or achieve dismissals. To begin your defense, call the LLF Law Firm at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
