DUI Doctors - What Will the Medical Board Do?

You don’t want to be known as the DUI doctor. The implication of even a single DUI (Driving Under the Influence) conviction is that you have an alcohol problem that goes beyond the single arrest and conviction. A simple misdemeanor DUI may not result in a public record at the medical board site but if you pick up a felony DUI in California most likely an Accusation will be filed and a public record will be made by the medical board or osteopathic board.

A single DUI may be an isolated incident but the presumption from the medical board is that you got caught this time but the odds are that this was not an isolated incident. A high blood alcohol level will make it more difficult to navigate a DUI arrest or conviction when negotiating with the medical board. Remember that the board can in likely will investigate a DUI even if the case is dismissed or reduced to a lesser charge.

A felony DUI can be a regular DUI if you have three prior DUI’s within 10 years. This won’t apply to most doctors because your license will likely have been revoked after the 2nd and certainly the 3rd DUI.

A single Felony DUI conviction in California (even if older than 10 years or from a different category) elevates a standard DUI and makes it a felony. See: VC § 23550.5.

Likewise a simple DUI that results in serious injury to someone can also be charged as a felony.

The Medical Board of California (MBC) treats a physician's DUI conviction as potential unprofessional conduct, primarily under Business and Professions Code (BPC) §§ 2236 (conviction of a substantially related crime), 2239 (dangerous use of alcohol impairing safe practice or involving multiple misdemeanors/felonies related to alcohol), and related provisions.

We use the term DUI doctor because even though the driving and drinking conduct is unrelated to the practice of medicine the board does not see it that way. We have not seen a legal challenge to equating the “drunk driving” behavior to medical practice but this is a valid issue.

The board takes the position that DUI offenses qualify as "substantially related" to medical practice because they may indicate impaired judgment or substance abuse risks affecting patient safety.

In terms of medical board “punishment”, there are no rigid "standard punishments" for DUI convictions—the MBC evaluates each case individually based on factors like:

Number of offenses
BAC level
Accident/injury involvement
Prior history
Evidence of rehabilitation
Compliance with criminal probation

Typical Outcomes by Scenario

First-time misdemeanor DUI (no aggravating factors, e.g., low BAC, no accident): The MBC often takes no formal discipline or closes the case after investigation. Some sources note a general policy against charging BPC §2239 for a single isolated DUI, though the Board retains discretion and may act if circumstances suggest alcohol issues (e.g., high BAC or reckless behavior). In successful defenses, physicians have avoided any public discipline. Aggravated single DUI (e.g., high BAC, accident, injury): More likely to result in discipline, such as a public reprimand, probation (3–5 years), mandatory substance abuse evaluation/treatment, random drug/alcohol testing, education courses, or work restrictions.

Multiple DUIs (second or more) or felony DUI: Almost always leads to formal discipline. BPC §2239 explicitly flags "more than one misdemeanor" or any felony involving alcohol as unprofessional conduct. Common outcomes include license probation (often with strict monitoring via biological fluid testing and therapy), suspension, or in severe/repeat cases, revocation.

DUI with evidence of broader substance abuse: Triggers the MBC's Uniform Standards for Substance-Abusing Licensees, potentially requiring clinical diagnostic evaluation, inpatient/outpatient treatment, and long-term monitoring.

Discipline follows the MBC's Manual of Model Disciplinary Orders and Disciplinary Guidelines, emphasizing public protection and rehabilitation where possible. Minor cases may resolve with citations/fines; serious ones proceed to formal accusation, hearing, and decision.
Physicians must self-report convictions (misdemeanor or felony) within 30 days via the 802 Report form (BPC §802.1); failure to report can worsen penalties (e.g., up to $5,000 fine plus additional discipline). Courts/prosecutors also notify the MBC automatically.

If you are a doctor charged with a DUI you should call our DUI doctor lawyers at the Law Office of Daniel Horowitz. For an initial working session call us at (925) 283-1863. Our lawyers for doctors can help!