ORANGE COUNTY DUI ATTORNEYS

Choosing an Orange County DUI Lawyer can be a difficult and complicated task for anyone; but for those who hold a Professional License and who arrested for DUI are faced with a number of additional complications that can have a dramatic affect on not only the outcome of their case; but also their ability to earn a living.

This site focuses on those who are charged with driving under the influence of alcohol and/or drugs who also hold a Professional License; but it also focuses on the law behind a drunk driving charge. We have a companion website that deals with the types of Orange County DUI Discovery or evidence one should expect to obtain in connection with a DUI charge in Southern California. 

The tough decisions facing a person charged with driving under the influence can be overwhelming; however, they can be easier to confront when you are a client of an experienced, reputable and well-known Orange County DUI Defense firm that is familiar with how the local police departments conduct Driving Under the Influence Investigations and how the local District Attorneys prosecute the crime of DUI and who know how to "navigate" the respective professional board inquiry set forth in motion by the virtue of your arrest.  

One may ask: "How does the Board know of the DUI charge if I have not reported it to the respective Board?" The California Department of Justice is known to forward the record of the arrest to the respective Board within days or weeks of the charge of driving under the influence. You need a lawyer that is familiar with these inquiries and how to handle them. The DUI Attorneys of the Law Office of Barry T. Simons is one of only a few DUI defense firms that handles these inquiries in addition to the defense of the DUI charge: a rare find: the facts of the DUI case arerelevant and material to the Board's inquiry.

If you hold a professional license and are charged with driving under the influence in Orange County, you will need an experienced DUI Attorney to review all of the evidence that the prosecution intends to use against you, that the California DMV will use against you to suspend or revoke your driving privileges, and the respective Board's inquiry into the matter and its resolution prior to determining the punishment for the DUI, not limited to the loss of one's professional license.

Even if you don't hold a professional license, if you are charged with DUI in Orange County or anywhere in Southern California for that matter, you need results. The DUI Defense Attorneys of the Law Office of Barry T. Simons get great results because they are "Orange County's Recognized Leaders in DUI Defense".

The following video discusses the significance of holding a professional license and being charged with DUI:





As the above video demonstrates, being charged with DUI while holding a professional license can have devastating consequences to your career. Do not make the big mistake of hiring the "wrong attorney" - only hire a DUI lawyer who understands the impact of a DUI charge on your professional license - only hire the DUI Defense firm of the Law Office of Barry T. Simons.

MEET ORANGE COUNTY'S "BEST" OR "TOP-RATED" DUI DEFENSE ATTORNEYS

The DUI Defense "Team" consists of DUI Defense Attorney Barry T. Simons, the author of "California Drunk Driving Law" and the former Dean of the National College for DUI Defense. Mr. Simons holds Board Certification in DUI Defense from NCDD (1 of 6 in California) this Certification is sanctioned by the American Bar Association.  Mr. Simons has the distinction of being the only DUI Attorney in Orange County selected as a “Superlawyer” for DUI Defense.  (2014-2016) The “Team” also includes DUI Defense Attorney Daniel Flores who has personally handled over 1,000 DUI cases in the Courts of Southern California and before the Department of Motor Vehicles.  Mr. Flores has earned a well-deserved reputation for being an effective litigator and trial lawyer in DUI cases. 

Mr. Simons’ “Team” also includes specially selected “Of Counsel” attorneys who practice throughout the State and County to assist our clients with intricate issues that develop with Professional Licensing, Interstate Licensing Issues and collateral consequences in other jurisdiction stemming from a DUI arrest in California.

In addition to our Attorneys, the “Team” includes three well-trained paralegals who have a combined 35 years of experience in criminal justice. 

The DUI Defense “Team” also includes private investigators, toxicologists, pharmacologists, and accident reconstruction experts to properly assist our DUI Lawyers in developing defenses that work in DUI cases.

The lawyers of the Law Office of Barry T. Simons are dedicated to defending those charged with Driving Under the Influence in Southern California. Watch this video to learn more about the DUI Defense firm of the Law Office of Barry T. Simons and why they are Orange County's "Best" or "Top-Rated" DUI Attorneys:




CONTACT ORANGE COUNTY'S "BEST" OR "TOP-RATED" DUI DEFENSE TEAM LAWYERS

Needless to say if you are charged with DUI in Orange County, California, the battle that lies before you is difficult and sometimes frightening. It can be even worse for those who hold Professional Licenses or Security Clearances. The only DUI Defense Attorneys you should be considering if you are charged with Driving Under the Influence in Orange County while holding a Professional License are the DUI Lawyers of the Law Office of Barry T. Simons.

If you have been charged with DUI and would like a free DUI Consultation, contact the DUI Defense Attorneys of the Law Office of Barry T. Simons immediately.


WHY SHOULD YOU CHOOSE THE DUI DEFENSE LAWYERS OF THE LAW OFFICE OF BARRY T. SIMONS IF YOU WERE CHARGED WITH DUI AND HOLD A PROFESSIONAL LICENSE?

The DUI Defense Team of the Law Office of Barry T. Simons successfully navigate professional licensees through the "administrative process" associated with the respective Board's inquiry into the DUI Charge.

Those holding professional licenses should be aware that some of the Boards will receive notification of the DUI arrest within days of the arrest for driving under the influence with official inquiries following a short time thereafter. You need to have DUI Defense Attorneys who understand this process from the outset to avoid any missteps in the process. You should not risk your future licensing on counsel who is not prepared to handle these issues from the very start of the process.

Whether you are a nurse, vocational nurse, doctor or surgeon, psychiatrist, dentist, teacher, lawyer or optometrist, if you are charged with DUI you need the a lawyer who understands the interplay between the criminal charge and the Board's inquiry into the matter. The DUI Defense Lawyers of the Law Office of Barry T. Simons are such lawyers. If you were charged with a DUI and hold a professional license, you need to contact the DUI Defense Firm of the Law Office of Barry T. Simons today for a free DUI Consultation and Case Evaluation.


THOSE WHO TRAVEL FOR WORK-RELATED PURPOSES OR THOSE WHO HOLD SECURITY CLEARANCES ARE EQUALLY AT RISK.

Those who hold professional licenses are not the only ones at risk when charged with DUI. Those who travel extensively for work-related purposes are also at risk, as are those who hold security licenses, such as engineers who hold government contracts. If you fit into either one of these categories, you need a DUI Lawyer that gets results. The DUI Defense Attorneys of the Law Office of Barry T. Simons get results. 

A DUI charge can have an impact not only on those who hold professional licenses, but also those who travel extensively for work-related purposes or those who hold "security clearances" as part of their employment contracts. A DUI conviction can have far-reaching consequences for those in either category and this is why those who find themselves in this position need the type of representation that only the DUI Defense Lawyers of the Law Office of Barry T. Simons can provide.

Watch the video below or click the link to learn more about the Interstate Licensing Consequences:





The significance of obtaining the absolute "Best" or "Top-Rated" DUI Defense firm cannot be overstated, it could mean the difference between a conviction for driving under the influence, a reduction or a complete dismissal. The call you make today can make a difference in the outcome of your case. Do not hesitate to contact the DUI Lawyers of the Law Office of Barry T. Simons today for a free consultation and case evaluation to discuss your Orange County DUI case.

THE LAW OFFICE OF BARRY T. SIMONS
ORANGE COUNTY DUI DEFENSE ATTORNEYS
FREE DUI CONSULTATION | CALL: 888-938-4911

DOCTORS CHARGED WITH DUI


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AUTHORS OF: CALIFORNIA DRUNK DRIVING LAW

California Drunk Driving Law

"BOARD CERTIFIED" 
IN DUI DEFENSE
 

NCDD National College for DUI Defense: Barry T. Simons


FOUNDING MEMBER: 
NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)


NCDD National College for DUI Defense: Barry T. Simons


FACULTY MEMBER: 
NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)


NCDD National College for DUI Defense: Barry T. Simons


FELLOW: 
NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)



"SPECIALIST MEMBER"
BOARD OF DIRECTORS


CDLA DUI Specialist Member

BARRY T. SIMONS VOTED ONLY ORANGE COUNTY "SUPER LAWYER" IN 
2014, 2015 AND 2016

 


BARRY T. SIMONS VOTED A TOP ATTORNEY BY OC METRO MAGAZINE

"A/V-RATED" BY MARTINDALE-HUBBELL

AV Rated Best DUI Attorney

RATED "PREEMINENT" BY BAR REGISTER

Bar Register Preeminent Lawyer

"LEAD COUNSEL" RATED 
DUI ATTORNEYS


Lead Counsel Rated DUI Lawyer 

BARRY T. SIMONS RATED "10/10" OR "SUPERB" 
BY AVVO RATING SERVICE
BARRY T. SIMONS RECEIVED AVVO "CLIENTS CHOICE" AWARD 2012



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DOCTORS CHARGED WITH DUI

Physicians in California are regulated by the California Medical Board.  Reporting requirements for Doctors can be found in Section 802.1 of the California Business and Professions Code which provides:

Bus. & Prof. Code, § 802.1.  (a) (1) A physician and surgeon, osteopathic physician and surgeon, a doctor of podiatric medicine, and a physician assistant shall report either of the following to the entity that issued his or her license:

(A) The bringing of an indictment or information charging a felony against the licensee.

(B) The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor.

(2) The report required by this subdivision shall be made in writing within 30 days of the date of the bringing of the indictment or information or of the conviction.

(b) Failure to make a report required by this section shall be a public offense punishable by a fine not to exceed five thousand dollars ($5,000).

Failure to report to the Board carries a separate and distinct action independent of another action the Board may take and could lead to the issuance of a Citation which if sustained, will not only be published on the Boards Disciplinary Web Site but also result in the issuance of a fine. The public notice of the citation links to a page that details the nature of your conviction even though the Citation is deemed to be a “Private” sanction.

Remember, the Board receives information from the Department of Justice for any arrest of a licensed physician in California. [Remember the fingerprints you were required to provide]  

Business & Professions Code §2234 empowers the Division of Medical Quality of the Medical Board of California to discipline physicians who are convicted of crimes that constitute “unprofessional conduct.”

Bus. & Prof. C. §2239, which defines alcohol and drug-related offenses as “unprofessional conduct,” reads:

(a)       The use or prescribing for or administering to himself or herself, of any controlled substance; or the use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent, or in such a manner as to be dangerous or injurious to the licensee, or to any other person or to the public, or to the extent that such use impairs the ability of the licensee to practice medicine safely or more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section, or any combination thereof, constitutes unprofessional conduct. The record of the conviction is conclusive evidence of such unprofessional conduct.

(b)       A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The Division of Medical Quality may order discipline of the licensee in accordance with Section 2227 or the Division of Licensing may order the denial of the license when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment.

The Medical Board of California has authority to discipline a licensed physician for unprofessional conduct. Bus. & Prof. Code, § 2227. As a form of unprofessional conduct, Bus. & Prof. Code, § 239(a) identifies the use of alcoholic beverages “to the extent, or in such a manner as to be dangerous or injurious to the licensee, or to any other person or to the public, or to the extent that such use impairs the ability of the licensee to practice medicine safely....”

In Watson v. Superior Court (2009) 176 Cal.App.4th 1407, the physician was arrested in 2000 for a DUI with a BAC of 0.08% which was dismissed. In 2003 he rear-ended a vehicle with a 0.06% BAC, but no charges were filed. In 2004 he was involved in an accident with PAS results of 0.087 & 0.081 and an evidential test of 0.07%. In 2005 he was again arrested for DUI but not convicted because he had a BAC of 0.06%. Notwithstanding the lack of convictions, the Court held that the Board was justified in imposing discipline based on four incidents in which he drove a vehicle after drinking under circumstances that posed a danger to himself or others.

Bus. & Prof. Code, § 2239 has been upheld to provide for physician discipline resulting from a DUI conviction. Griffiths v. Superior Court (2002) 96 Cal.App.4th 757 (more than one misdemeanor conviction involving alcohol consumption has a logical connection to the fitness to practice medicine).

Title 16, Cal. C. of Regs., § 1361, reads:

In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code section 11400 et seq.), the Division of Medical Quality of the Medical Board of California shall consider the disciplinary guidelines entitled “Manual of Disciplinary Guidelines and Model Disciplinary Orders” (8th Edition/1999) which are hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the Division of Medical Quality of the Medical Board of California in its sole discretion determines by adoption of a proposed decision or stipulation that the facts of the particular case warrant such a deviation—for example: the presence of mitigating factors; the age of the case; evidentiary problems.

These disciplinary guidelines are from the Medical Board of California (see Appendix A, “Medical Board of California”).

A treatment program may be ordered in connection with a physician’s discipline for alcohol or drug abuse. The program’s requirements are set forth in Title 16, Cal. C. of Regs., §§ 1357 et seq.

Bus. & Prof. Code, § 2236 mandates that prosecutors immediately notify the Medical Board of the pendancy of a misdemeanor or felony prosecution and that the court clerk notify the Medical Board of a physician’s conviction for a felony or misdemeanor offense within 48 hours after conviction. A physician must report in writing to the Medical Board any pending felony charge, and any misdemeanor or felony conviction, within 30 days. Failure to do so is a separate criminal offense with a minimum $5,000.00 fine. Bus. & Prof. C. § 802.1.

Doctors have their medical licenses inactivated during any period of incarceration, and this inactivated status (and the reason for it) is posted on the Board’s website. This applies to both felonies and misdemeanors. Bus. & Prof. Code, §§ 2236.1 (felonies) and 2236.2 (misdemeanors).

Be Aware:  Health providers will require that you maintain Professional Liability Insurance and those insurance company’s Application forms generally require disclosure of all investigations and arrests for felonies and misdemeanors as well as convictions.        

MEDICAL STUDENTS FACING DUI CHARGES

A conviction or plea of not contest for any misdemeanor must be disclosed on any application for admission to Medical School and on any application for Internships and Residences.  Obviously these questions must be answered honestly but there are many situations where the answer may not be so obvious.  What if you had a motion to withdraw you guilty plea granted after successful completion of probation and the case was dismissed?  What if you were given the opportunity to participate in a pre-trial diversion program, which leads to a dismissal after you entered a guilty plea but had the case dismissed because you completed the diversion.  These can be tricky questions and having an attorney that you can rely upon to properly advise you on your individual case can be critical to your future career.

At the Law Offices of Barry T. Simons, we not only provide you with the very best defense for your DUI charge but also are there to guide you through the Medical Board to preserve and protect your professional status.  Regardless of when you case ends or how it ends, we remain with you and are available to help you with these important issues well after your case is resolved.

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