OPTOMETRISTS CHARGED WITH DUI

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OPTOMETRISTS FACING DUI CHARGES

OPTOMETRISTS CHARGED WITH A MISDEMEANOR OR FELONY

The California Board of Optometry oversees the discipline of licensed Optometrists pursuant to B & P § 3110. A new applicant, or a renewal applicant, must disclose each conviction for any misdemeanor, felony, and some infractions, not including minor traffic citations.

A “conviction” includes a plea of guilty or no contest and any conviction that has been set aside or deferred pursuant to Sections 1000 or 1203.4 of the Penal Code, for misdemeanors, felonies and certain infractions. An infraction with a fine less less than $300 need not be reported unless the infraction involved alcohol, such as DUI, or a controlled substance or substances. 

Convictions in which a plea of no contest was entered, and any convictions that were subsequently set aside and/or deferred pursuant to Sections 1000 or 1203.4 of the Penal Code, must also be disclosed. “License” includes permits, registrations, and certificates. “Discipline” includes, but is not limited to, suspension, revocation, voluntary surrender, probation, reprimand or any other restriction on a license held by you.

OPTOMETRISTS FACING DUI CHARGES

Optometrists facing DUI Charges will want to review the information below regarding your professional license.

If you are an Optometrist facing DUI Charges, you should know that a conviction for driving under the influence of alcohol and/or drugs can be an offense that is actionable by the Board if it is “substantially related” to the optometrist’s practice. As with most other professional licensees, if an optometrist has been arrested and/or convicted of a DUI offense, the Board of Optometry will typically launch an investigation into the facts the circumstances surrounding the offense in order to make a determination as to whether to impose any disciplinary action against the licensee. When the underlying DUI offense is a misdemeanor, the Board of Optometry will be particularly concerned if the licensee’s offense involved aggravating factors, such as an unusually high blood alcohol content, a traffic collision or the use of illicit narcotics to name a few. The Board will also consider whether the licensee has any prior DUI convictions.

Depending on the case, the Board of Optometry may be more likely to determine that some disciplinary measures are appropriate and in others no disciplinary measures are required. The Board is allowed to take disciplinary action against a license even if the underlying conviction has been expunged pursuant to Penal Code Section 1203.4.

If you are an Optometrist facing DUI Charges, (or are applying to be an Optometrist facing DUI charges), and have been charged with a crime such as DUI, contact an experienced DUI Defense Attorney of the SoCal Law Network today for a Free Consultation and Case Evaluation.

IMPORTANT FORMS RELATING TO BOARD OF OPTOMETRY

http://www.optometry.ca.gov/formspubs/tpa-cert.pdf

http://www.optometry.ca.gov/licensee/livescan.pdf

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