California Dentist and DUI Offenses
A Driving under the influence (DUI) conviction can result in serious consequences for a license issued by the Dental Board of California. Dentist’s accused of a DUI must deal with not only the criminal charges and DMV APS Action but also oversight from the Dental Board of California. Licensees should remember that criminal behaviors outside the workplace – including DUI – can result in denial, suspension, or revocation of a license issued by the Dental Board of California.
The Dental Board of California will be notified of the Arrest
California dentist’s undergo Live Scan fingerprinting at the time of licensure. When a dentist is arrested and fingerprinted for DUI, the Department of Justice automatically notifies the Dental Board of California of the arrest.
Dental Board Disciplinary Action
California Business and Professions Code Section 1670.1 (a) states,
“Any licentiate under this chapter may have his or her license revoked or suspended or be reprimanded or be placed on probation by the board for conviction of a crime substantially related to the qualifications, functions, or duties of a dentist or dental assistant licensed under this chapter, in which case the record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence.”
In determining disciplinary action, the Dental Board of California considers each case on an individual basis and evaluates when the conviction occurred, its severity, and the details of each case.
Substantially related crimes
What constitutes a conviction of a crime substantially related to the qualifications, functions, or duties of a dentist or dental assistant is found in California Code of Regulations Title 16 § 1019 which provides:
For the purposes of denial, suspension, or revocation of a license of a dentist or a dental auxiliary . . . a crime or act shall be considered to be substantially related to the qualifications, functions, or duties of a dentist or dental auxiliary if to a substantial degree it evidences present or potential unfitness of a licensee to perform the functions authorized by his license in a manner consistent with the public health, safety, or welfare.
Dental Board Diversion Program
After a DUI conviction and disclosure to the Dental Board of California, a dentist may be contacted by the Dental Board of California’s Diversion Program. From the Dental Board of California’s website:
“Diversion is a confidential program for licensed Dentists, Registered Dental Assistants, and Registered Dental Assistants in Extended Functions in California whose ability to practice may be impaired due to alcohol and/or drug abuse. The program offers a means of recovery without the loss of a license by providing access to appropriate intervention programs and treatment services.”
It is of important that a dentist convicted of a DUI speak with a professional licensing attorney before responding to a letter from the Diversion Program or enrolling in the Dental Board of California’s Diversion Program. While this program can be beneficial for some, it can have serious implications and consequences for a dentist’s license.
You don’t have to plead guilty, contact our office today for a free same day consultation
Because you have so much to lose with your Dental Professional License, you need the most experienced and aggressive DUI Defense attorneys on your side. Whether it’s defending you in trial or negotiating for dismissal or reduced charges, you can count on us. Our experienced and aggressive negotiating efforts usually result in better outcomes for our clients including reduced charges, lesser jail days, and smaller fines. Call our office today at (916) 939-3900 to speak directly to an attorney about your Dental License and DUI case. We are open 24/7/365 to answer your questions.
