The first question from all of my professional clients charged with an OVI is “Can I lose my license if found guilty of OVI?” In past blogs, I’ve discussed the effect of an OVI conviction if you have a Commercial Driver’s License (CDL) and the effect of an OVI conviction on your employment. But, can an OVI conviction result in losing your professional license?
The Ohio Revised Code details over 45 separate occupations and professions that are subject to the provisions of Ohio law. They range from accounting O.R.C. Chapter 4701) to Orthodists, Prosthestics and Pedorthists (O.R.C. Chapter 4779). A number of these statutes specifically state under what circumstances one’s licensee can be subject to discipline (Accountants, Nurses, Social Workers, and Pharmacists, for example). Others statutes leave it up the governing body of that profession to deal with censure (Attorneys).
Most of theses statutes and codes of responsibility call for the possible censure of any member of the profession performing their occupations while under the influence of drugs or alcohol. For example, dentists may be disciplined when it is shown they have “…an inability to practice under accepted standards of the profession because of …, dependence on alcohol or other drugs, or excessive use of alcohol or other drugs,” O.R.C. 4715(A)(8). Nurses can be sanctioned for “Habitual indulgence in the use of controlled substances, other habit-forming drugs, or alcohol or other chemical substances to an extent that impairs ability to practice,” O.R.C.4723.28(B)(9).
Broad latitude is given the governing boards to deal with those in violation. Reprimands and suspensions, in the most serious cases, are often used to police individual professions. In recent years, many professions have taken enlightened steps to deal with the use of drugs and alcohol. For example, the Ohio Supreme Court has established the Ohio Lawyers Assistance Program, a comprehensive program to deal with members of the profession suffering from alcoholism or substance abuse. The program is given broad powers to deal with and attempt to end the addiction.
But an habitual offender must deal with another consequence brought on by recent changes to Ohio’s OVI law. Under the law, anyone found guilty of OVI for more than 3 times in the past 6 years (or 20 years if the defendant refuses to submit to a chemical test) faces a possible conviction for a 4th degree felony (3rd degree if convicted of a second OVI 4th degree felony during their lifetime).
This presents an entirely new set of circumstances that could call for much more serious sanctions including a suspension of one’s license. The reason is most occupational statutes or professional codes call for serious sanctions for those convicted of a felony. A recent Ohio case illustrates the possibility of serious sanctions being imposed in that event. The case, Disciplinary Counsel v. Landis, 124 Ohio St. 3d 508 involved the suspension of any attorney’s license for his conviction of his 4th OVI within a 6 year period. While the discipline was extreme, it shows the clear possibility of license suspension or outright revocation when a licensee is convicted of multiple OVI offenses.
What can be learned from this example? First, if you are a professional practicing pursuant to statute, you should have a complete understanding of the basis by which you can be disciplined. Second, if you find yourself having problems with alcohol or controlled substances, immediately contact your professional association to see if there are programs available so the issue can be resolved before the problem becomes habitual and subjects you to serious disciplinary action. Finally, if you find yourself in a situation where you are facing serious disciplinary action, immediately seek advice of competent attorney who is knowledgeable about Ohio’s OVI law and has had experience dealing with defendants with multiple offenses.
You brought up some good points. The best thing to do is to not drink and drive.
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