The main impact of a DUI conviction in South Carolina is written into state law. You can be sentenced to jail time, required to pay a fine, take alcohol education classes, or lose your license. There are also non-mandated consequences like increased insurance rates. If you have a professional license, there is another possible consequence not written into state law. The potential consequences of a DUI for professional licenses include the removal of those licenses. If that consequence would destroy your career, the following advice is for you. Understanding professional licensing and DUI consequences could mean the difference between having a successful career and losing your right to work in your field.
Some fields require a professional license. In many of those fields, if you are convicted of certain criminal offenses, you can have your professional license suspended or revoked. A DUI is one of many offenses that can result in this penalty. While most licensed professionals are aware of these potential consequences, that is because they are stressed by licensing agencies. These penalties are not found in South Carolina DUI laws.
This is an important distinction because it means that losing those licenses is not part of the criminal justice process. The judge overseeing your case won’t tell you that you may lose your license, and there is often no judicial process involved in losing the license unless you choose to start one. This may catch many licensed professionals off-guard, even if they are aware that getting a DUI could have negative consequences for their license.
Due process protections may not apply to license suspension or revocation after a DUI conviction.
While several professionals are licensed, not all of them will be censured for a DUI conviction. For example, members of the legal profession are unlikely to have their license revoked if they are convicted of a misdemeanor DUI. But members of the following professions are most like to lose their license when convicted of any DUI:
However, just because a DUI conviction will usually result in a license suspension or revocation doesn’t mean people in these professions have no options.
If you are at risk of losing your license due to a DUI, contact Whalen Montalvo today at (864) 770-7710 to discuss your options with an experienced attorney.
The importance of seeking legal counsel as soon as you are charged with a DUI can’t be stressed enough. Odds are, if you are convicted, your license will be suspended if you are licensed in a specific field. This is the type of consequence that you should discuss with a lawyer before a conviction occurs. Knowing that you are a licensed professional will adjust the priorities of your attorney. They may seek to have the charges dismissed or reduced to specific charges that are unlikely to get your license revoked. But these actions can only be taken if your lawyer is informed. However, if you fail to follow this advice or your lawyer can’t prevent you from receiving a DUI conviction, it isn’t the end of the road.
Most license suspensions and revocations include some type of hearing. While your Sixth Amendment right to a lawyer isn’t guaranteed at hearings, you can typically have a lawyer present at the hearing. Attorneys who handle DUIs are usually also experienced in representing clients at hearings. Your attorney may be able to keep the licensing board from stripping you of your livelihood. You may face fines or other types of censure, but that is better than losing your license.
Finally, you can involve the courts if you think it is the best way to protect your rights. A judge might protect you if they deem your rights are being violated in extra-judicial proceedings.
Whether you go through the courts or your professional organization, the following penalties may be assessed instead of a license revocation:
Showing a willingness to accept what you did and correct your mistake will often help your case.
Losing your professional license is devastating. It takes away your ability to work in your chosen profession. At Whalen Montalvo, we are committed to helping people thrive even after they make a mistake.
Don’t wait if your professional license is threatened. Contact our law firm immediately at (864) 770-7710 to discuss your options with an experienced attorney.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
Read Full Bio
Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.