Pharmacist DUI Charges in Los Angeles

DUI And PharmacistsIn California, there are a number of professionals whose licenses may be jeopardized as the result of being convicted of a DUI offense. One class of professionals who can be affected by a DUI conviction is pharmacists. The state is concerned about the fitness of those who are responsible for filling prescriptions for controlled substances and convictions for DUI and similar offenses may provide grounds for discipline.

Pharmacists Can Be Disciplined

The California Board of Pharmacy is responsible for licensing all pharmacists in the state. The Board is also responsible for imposing discipline when necessary. Under California Business and Professions Code Section 4300 BPC, pharmacists can be disciplined if convicted of certain criminal offenses.

Under the Business and Professions Code, conduct that can expose a pharmacist to discipline includes an action involving moral turpitude, dishonesty, fraud, deceit or corruption, regardless of whether or not the offense is a felony or a misdemeanor. A pharmacist can also be subject to discipline if he or she is caught using drugs or alcohol to the extent that he or she acts in a manner that is dangerous to oneself or to the general public. Discipline may also be appropriate where the licensee is convicted of more than one misdemeanor or any felony involving the use or consumption of a drug or alcoholic beverage or combination of drugs and alcohol.

Board of Pharmacy Can Initiate a Formal Investigation

Upon being convicted of a DUI offense, the Board of Pharmacy can initiate a formal investigation into the licensee. The Board will look into the specific circumstances of the underlying offense in order to determine whether or not discipline is appropriate. The Board is allowed to take action once the formal period for appeal has lapsed. The Board can take action even if there has been a successful motion to expunge the conviction filed pursuant to California Penal Code Section 1203.4 PC.

The conviction must be substantially related to the licensee’s qualification, functions and professional duties before discipline can be imposed. The Board has considered certain DUI convictions as being substantially related to a pharmacist’s job functions and will impose discipline, including license suspension or revocation, where appropriate.

The Board will generally launch an investigation into pharmacists who are convicted of driving under the influence of alcohol or drugs. Those who have prior DUI convictions will face extra scrutiny and can face enhanced disciplinary action. However even those with one DUI conviction can face discipline depending on the specific facts of the underlying offense. If the licensee is convicted of driving while under the influence of controlled prescription medications, the Board may be gravely concerned about the pharmacist’s ability to properly carry out his or her professional responsibilities and may be more willing to assess disciplinary action.

Mandatory Alcohol Class and MADD Victim Impact Panel

In addition to whatever disciplinary action is imposed by the Board of Pharmacy, a pharmacist who has been convicted of DUI will also have to deal with the other numerous consequences that come with a DUI conviction. A pharmacist convicted of a DUI offense can have several conditions of probation imposed by the sentencing judge. The defendant may be sentenced to serve time in jail and may be required to complete a mandatory alcohol class. The class may be three, six or nine months long depending on the defendant’s blood alcohol level and any other specific circumstances of the offense.

In addition, the defendant may be required to attend a MADD Victim Impact Panel, partake in the Hospital and Morgue Program and complete required community service or community labor hours. The defendant would have to pay extensive court fines, fees and penalty assessments and would be responsible for paying restitution to any victim if there was a collision. The defendant would also face a suspension of his or her driving privileges and may have to have an Ignition Interlock Device (“IDD”) installed into his or her vehicle.

If you or a loved one work in the pharmacy field, it is critical that you consult with a Los Angeles DUI Attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Lawyer Michael Kraut knows how to effectively defend professional clients who have been charged with DUI crimes.

For more information about Los Angeles DUI and pharmacists, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.