Getting arrested for a DUI and worrying about how the case will affect you in the future is very stressful and common. There are many “urban myths” and false information on the internet designed to scare you into retaining a lawyer quickly. If you are arrested for a DUI you should consult with an experienced criminal defense attorney as quickly as possible to start preparing your case and any possible defense. But beware of lawyers who scare you into retaining them or who just tell you what you want to hear.
Collateral Consequences of a DUIBesides potential mandatory jail time, having a lifetime conviction on your record, and substantial license suspension, there are other “collateral consequences” that may result in your life from having a DUI case. Some collateral consequences may include problems with a professional license such as a Doctor’s, Nursing, Pharmacist or Teacher’s license.
Individuals who drive for rideshare services such as Uber or Lyft could lose their jobs as a result of a DUI.
If you have a Commercial Drivers License (CDL), your CDL could be revoked for a minimum of one year and can be a lifetime CDL revocation for multiple DUI convictions.
A criminal conviction could also impact a non-citizen’s ability to remain in the country or affect a citizen’s ability to enter into another country, specifically entry into Canada and other countries.
How a DUI can Affect a Professional LicenseIf you are professionally licensed by the state for occupations such as physicians, nurses, dentists and pharmacists to name a few, you may be required to report the arrest to your licensing board. Pennsylvania law permits some professional boards to compel an individual to obtain an evaluation and/or mandatory treatment for a DUI or Controlled Substances arrest.
Physician License ConsequencesIf you are a licensed physician in the state of Pennsylvania and you get charged with a crime such as DUI or Possession of a Controlled Substance, the Pennsylvania state board of medicine becomes involved. Physicians who are arrested may receive an application for the Physician’s Health Program (PHP) which is a mandatory support and treatment program for physicians. If you receive an application for the PHP program, do not complete the application before speaking with an experienced defense attorney first, as you may be forced to obtain treatment for five years. Treatment consists of undergoing an assessment, random urine test, and substance-abuse treatment and therapy.
Programs like these may allow you to retain your professional license if you obtain treatment, but it is always best to speak with an attorney first, before speaking with the licensing board.
Nursing License ConsequencesIf you hold a nursing license and you get arrested for DUI or Possession of a Controlled Substance, you will have to report the arrest to the State Nursing License Board. You will then be subject to the voluntary recovery program (VRP) for at least a three-year period during which you will be forced to complete an evaluation and treatment. Any disciplinary action is deferred while you are going through this process. If a nurse fails to complete the conditions there may be an automatic three-year minimum suspension of his or her nurse’s license.
If you have been arrested and you hold a nursing license, your career may be in jeopardy but there are resources available to maintain your license. You should contact an experienced defense attorney immediately to discuss your options before speaking with your professional licensing board.
Pharmacist License ConsequencesIf you hold a pharmacist license and you are arrested for DUI or possession of a controlled substance, you will be required to report the arrest to the licensing board and possibly be forced to go through the SARPH program. This program may allow you to receive treatment for substance abuse and or mental illness and still retain your professional license. Treatment is usually mandated for a three-year term and also includes random drug test and monitoring.
If you have been arrested and you hold a Pharmacy license, your career may be in jeopardy but there are resources available to maintain your license. You should contact an experienced defense attorney immediately to discuss your options before you speak with the professional licensing board.
Dental Licensing ConsequencesIf you are a dentist and you are arrested for a DUI or a possession of controlled substance charge, you should immediately contact an attorney to discuss what implications criminal charges have on your dental license.
You may be required to go through the Physician’s Health Program (PHP) for a five year period. This program would require you to undergo an assessment which will determine what type of treatment is necessary. You may also have to attend meetings and/or group therapy and you would be given random urine tests. There may be other options available to you such as the voluntary recovery program which could last three years and include treatment. If you have been arrested and you hold a Dental license, your career may be in jeopardy but there are resources available to maintain your license. You should contact an experienced defense attorney immediately to discuss your options before speaking with your professional licensing board.
Consequences for TeachersFor professionals who are state licensed or who have to undergo frequent background checks, a conviction for a criminal offense such as DUI may carry disastrous consequences on your employment. The teacher is required to report the conviction and may have to undergo treatment. In Pennsylvania, a second offense involving the highest alcohol rate (greater than .16%) carries with it a First Degree Misdemeanor (M1) grading and state law prohibits an individual from teaching who is convicted of an M1 or greater offense.
If you are a teacher and you are arrested for DUI or another offense, you should immediately contact the experienced attorneys at Ellis B. Klein & Associates to begin the investigation into your case.
Rideshare Driver (Uber and Lyft) ConsequencesIf you drive for a rideshare service such as Uber or Lyft your employment could be in serious jeopardy if you are arrested for a crime such as DUI or Possession of a Controlled Substance. Many states are enacting mandatory background checks for DUI and other convictions for rideshare service providers. Uber and Lyft routinely check criminal and traffic records for their drivers and if discovered, could lead to suspension or termination.
If you have been arrested and you are a rideshare driver, your employment as a rideshare driver may be in jeopardy. You should contact an experienced defense attorney immediately to discuss your options as soon as possible.
Commercial Driver’s License (CDL) and DUI CasesDUI and Possession of Controlled Substance convictions can lead to mandatory revocation of your Commercial Driver’s License (CDL). If you are driving a commercial vehicle, the alcohol content needed to convict you is substantially lower than the typical .08% limit. For commercial drivers, it is illegal to drive with a blood alcohol concentration greater than .04% if you were driving a commercial vehicle at the time. If you were not driving a commercial vehicle then the limit is .08%. Whether you are driving a commercial vehicle or not, getting an arrest for DUI will have a significant impact on your license. If this is a first offense, admission into the ARD program or a finding of guilt will result in an automatic one year revocation of your CDL. If this is a second or subsequent offense it could lead to a mandatory lifetime revocation.
If you hold a CDL and have been arrested for DUI or Possession charges, you should immediately contact the experienced attorneys at Ellis B. Klein & Associates for a free consultation.
How a DUI Affects you if you are not a United States CitizenIf you are not a US citizen and you obtain an arrest for a criminal case it could lead to immigration issues such as deportation, or difficulty obtaining citizenship in the future. If you are undocumented, the case can be reported to ICE and you could be detained for an extended period of time while you face possible deportation.
If you have a green card or if you are a permanent resident, a criminal case can delay possible citizenship and in some cases prevent you from becoming a US Citizen.
If you are not a US citizen you should immediately contacted experienced criminal defense attorney to begin investigation into your defense. The experienced lawyers at Ellis B. Klein & Associates have been handling criminal cases involving noncitizens for over 25 years.
Entry Into Other CountriesIf you are placed into the ARD program, or if you were convicted of a DUI, it could affect your ability to enter into another country. For citizens travelling abroad with either an open DUI or a conviction, it is always best to call the US Embassy in the country and ask if there are aware whether you can enter the country. Canada has a reputation for turning US travelers back who have open cases or prior convictions.
One can gain entry into Canada with a prior record but it depends on the age of the conviction. If the DUI conviction is over ten years old the individua is "Deemed Rehabilitated" category and may seek entry into Canada as a visitor or Permanent Resident. People travelling to Canada may apply for deemed rehabilitation at the Canadian port of entry.
For someone with two or less DUI convictions whose sentence is over 5 years old, he must apply for rehabilitation in a process called Streamlined Rehabilitation.
Individuals with recent or multiple DUI convictions must apply for a Temporary Residence Permit. which can take six months to a year to complete.
If travelling internationally and you have either an open DUI or a conviction or ARD in your past, it is best to call the US Embassy in that country to inquire about your ability to enter.
If you are charged with a crime, your livelihood could be impacted as a result of the arrest. You should contact an experienced criminal defense attorney to discuss the possible outcomes. The lawyers at Ellis B. Klein & Associates have decades of experience in thousands of court cases ranging from speeding to homicide. We have a 5 Star client rating and have over 200 5 Star reviews from former clients on Avvo.com. Reviews can be found here. Call us at (800) 536-0501 for a free, in-depth consultation. We will gladly answer all of your questions to guide you in the right direction.
Ellis Klein is a terrific attorney who represented my son in a DUI case. Ellis was understanding and sympathetic yet very forthright regarding the seriousness of the issue. He was extremely knowledgeable of the process and kept us informed at every step. He had a very professional presence, was confident (but not arrogant) and kept us calm throughout a very traumatic situation. He was a critical factor in my son receiving the best possible outcome from this DUI event.
Recently Mr. Klein helped me out with a criminal charge in which the outcome was the best possible situation for me. Ellis worked with me as far as a payment plan, knew the judge and officer and I couldn't ask for anything more out of a lawyer. I'm very happy with his performance and would recommend him to anyone.
Ellis literally gave me a new lease on life. I was facing a DUI, which would have affected my livelihood, my freedom and would have left me with a criminal record. Mr. Klein was able to have all the evidence suppressed by challenging the officer's cause for pulling me over. He was very thorough, leaving no stone unturned. His demeanor in court was confident and knowledgeable. He saved my reputation and my family from facing serious economic hardship. Thank You
Ellis Klein served as my lawyer in a very difficult case that I was facing and with his help, the outcome of my case turned out wonderful. Mr. Klein helped me very much with his knowledge of my case. Thanks Ellis!
Like many young adults, I made a bad decision that resulted in very serious consequences. I was afraid and nervous. Ellis was very straight-forward when he explained things to me, telling what the best outcome could be as well as the worst. Through his knowledge, professionalism, and legal reputation, my case was resolved with the best possible outcome. I advise my friends not to make the same mistake that I did, but if they do I will highly recommend Ellis. I feel like I have been given a second chance.