Pharmacist and DUI Charges

A Driving under the influence (DUI) conviction can result in serious consequences for a license issued by the California State Board of Pharmacy.  Pharmacist’s accused of a DUI must deal with not only the criminal charges and DMV APS Action but also oversight from the California Board of Pharmacy (CSBP).  Licensees should remember that criminal behaviors outside the workplace – including DUI – can result in denial, suspension, or revocation of a license issued by the Board of Pharmacy.

The California Pharmacy Board will be notified of the Arrest

California pharmacists undergo Live Scan fingerprinting at the time of licensure. When a pharmacist is arrested and fingerprinted for DUI, the Department of Justice automatically notifies the California State Board of Pharmacy of the arrest.

Reduced Charges are Better than A DUI Conviction

In most cases, negotiating out of a DUI will have major benefit in a Pharmacist’s DUI Case.  The CSBP looks at reckless driving much different than they do an actual DUI. We have saved many Pharmacists’ license by negotiating a non-dui resolution in their DUI case.

Renewing Pharmacist License

A DUI conviction must be disclosed to the California State Board of Pharmacy for all license applications and license renewals. A professional licensing attorney should be consulted regarding how to disclose a DUI conviction to a licensing board to minimize disclosure mistakes and disciplinary repercussions.

Board of Pharmacy Disciplinary Action

Under Business and Professions Code (BPC) section 4301, the Board shall take disciplinary action against any licensee who is guilty of “unprofessional conduct.” The provisions of BPC section 4301 define specific types of acts that constitute “unprofessional conduct,” including:

  • Subsection (k): “The conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any dangerous drug or alcohol, or any combination of those substances.”
  • Subsection (l): “The conviction of a crime substantially related to the qualifications, functions, and duties of a licensee under this chapter.”

What does “substantially related” mean? California Code of Regulation, title 16, section 1770 states that for the purpose of a license denial, suspension, or revocation, “(A) crime or act shall be considered substantially related to the qualifications, functions, or duties of a licensee or registrant if to a substantial degree it evidences present or potential unfitness of a licensee or registrant to perform the functions authorized by his license or registration in a manner consistent with the public health, safety, or welfare.”

Pharmacist Felony License Suspension

BPC section 4311 authorizes license suspension for conviction of a felony.  BPC 4311(c) states a Board license shall be suspended “if the Board determines that the felony conviction … is substantially related to the qualifications, functions, or duties of the licensee.”

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 Pharmacist 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 Pharmacist License and DUI case. We are open 24/7/365 to answer your questions.