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In addition to the impact to your driving privileges, a DUI or other criminal charge can have an even more drastic consequences for holders of professional licenses. Failure to retain an attorney who specializes in DUI and criminal defense can lead to suspension, decertification, probation, or revocation of a host of professional licenses and certifications. It is vital that you retain a law firm that is experienced in not only DUI and criminal defense, but in handling the collateral consequences professionals face.
At Schatz Anderson & Associates, we have defended clients before the Utah Division of Occupational and Professional Licensing (DOPL), School Boards, etc. We have defended school teachers, assistant principals, an emergency room physician, chiropractors, attorneys, realtors, contractors, nurses, health and human services staffers, stock brokers, and other professionals whose licensing was on the line.
In order to effectively defend you, your attorney must understand how professional licensing organizations like DOPL, the Securities and Exchange Commission (SEC), and Judge Adjunct General (JAG) function and discipline their members. Some professions requiring timely reporting of DUI and other criminal arrests, for example, are:
As a detailed example, listed below are the FAA requirements for the holder a pilot’s license. It is important to note that not only must a conviction be reported, but the pilot only has sixty days to report the arrest. Missing this critical requirement would result in a suspension of the pilot’s license even if the charges were eventually dismissed.
Under 14 CFR 61.15, all pilots must send a Notification Letter (MS Word) to FAA’s Security and Investigations Division within 60 calendar days of the effective date of an alcohol-related conviction or administrative action. In 14 CFR 61.15(c), alcohol-related convictions or administrative actions refer to motor vehicle actions (MVA).
Note: Each event, conviction, or administrative action, requires a separate Notification Letter. For example, an airman’s driver license may be suspended at the time of arrest for driving under the influence of alcohol for either:
Failing a blood/breath test
Refusing to test
The airman must send a Notification Letter for the suspension, then send a second Notification Letter if the alcohol related offense results in a conviction. Even though the airman sent two notification letters, FAA views the suspension and conviction as one alcohol-related incident.
At Schatz Anderson and Associates we are trained and experienced in defending not just the criminal charges of DUI, drugs, financial, or other crimes, but the vast array sanctions, fines, and revocations that professionals can face as the result of a DUI arrest. In some cases we have been able to negotiate a reduced penalty from the organization while litigation of the criminal charge is proceeding. In a recent case, we were able to negotiate the repeating of a final semester in an RN nursing program, rather than have the student simply expelled and lose the benefit three-and-a-half years of college. Again, it is vital you retain an attorney able to anticipate and mitigate these types of problems in order to protect your livelihood.
Note: We only handle Utah cases. If you have a case or charge in another state, please contact an attorney who is licensed to practice law in that state.