What are the problems caused by operating while intoxicated and getting caught?

Question

This happened to a family member on Monday. Does he go to jail? pay fines? Does it affect his chances of becomming a doctor? Will he lose his license?

It was a .18 on the alcohol meter thing.

Answer 1

It depends on the State. In NYC, where I work, getting caught driving while intoxicated is a misdemeanor (unless the person has a previous conviction within the last 10 years). Also blowing a .18 usually means that the District Attorney's Office will not offer the lighter penalty of Driving While Ability Impaired (which is a violation - not a crime).

Usually jail time is only what time the person serves while waiting for the arrest to be processed and the person is brought before the judge. As for losing the driver's license, that usually is an automatic. For the misdemeanor, it's usually 6-months, for the violation it's usually 90 days.

There will be fines and possibly the mandatory attendence of a Stop Drinking & Driving Program for a certain period of time.

As for becoming a doctor. I don't believe that this will affect them. If there were other circumstances, such as this being a Felony DWI, or there was an accident that resulted in death and there were other charges pending - then that could change.

Answer 2

I would not call this "problems caused by getting caught", but rather "solutions for society, because a troublemaker was taken out of circulation."

A person who drives while intoxicated is basically saying to the world "I don't care who I kill, I have no self control, I do not deserve to be part of your civilization, I may have some mental disease that makes me this way."

Any person who drives while intoxicated, KNOWS they have a problem, but is often in denial that they need to get it fixed, so now that the judicial system also knows about the problem, they can be forced to take action to solve the problem. Thus, getting caught does not cause a problem, it merely illuminates problem, and initiates solutions, that the person had the freedom to solve before getting to this point, but by their inaction chose not to solve earlier.

If this person had already got license to be a doctor, there will be hearings by various medical boards, and in all probability some punitive action ... lose right to treat patients at certain hospitals, doctor offices ... it depends on whether this is first offense, and how much experience doctor has had being a good doctor.

First offense probably only get doctor license suspended, with opportunity to get it back, after demonstrating that the person's alcohol-abuse problem has been brought under control.

If person is not yet a doctor, like in medical school, could get kicked out of medical school until such time as they can prove ability to control their problem.

If person has not yet applied to medical school, having a record as a drunk driver could make it more difficutl to get into said school. Better check the rules in your state to see how long this remains on the record ... if say 10 years, then find a different career until the 10 years is up, and the record no longer there.

As for driver's license, that most assuredly will be taken away, until driver can prove ability to control their problem, such as passing a substance abuse class.

If there was no accident, and if this was first offense, then probably no jail time, but may have some community service ... like walking down side of road wearing orange clothing, cleaning up the place.

Answer 3

He will lose his license for the mandatory amount by law in the State where he resides (90-120 days, usually) .

If first offense, will likely have 2-5 years probation and not likely to go to jail but ordered to enter a Court approved alcohol rehab program and complete it (usually 3 night a week for 3 hrs + 2-3 AA meetings per week). If he chooses not complete the program or test positive for drugs or alcohol while on probation, will likely serve the the entire amount of the original sentance, minus any days allotted for "good" behavior.

He may be able to get into medical school depending on GPA and ability to pay, but actually getting his medical license will be a huge challenge as he will be be denied initially on ethics charges and have to prove he has been clean and sober (usually submit to a hair analysis at his expense).