Case Result: Michigan Dentist’s Drunk and Disorderly Charge is Dropped, License Secured, Will Not Need to Complete HPRP Monitoring Agreement

Professional:
Dentist

Primary issue:
Our client, a dentist with exceptional credentials, was charged with Disorderly Person-Drunk (commonly known as “Drunk and Disorderly”) in February 2020 in the 86th District Court in Traverse City, Michigan. Drunk and Disorderly is a misdemeanor crime punishable by up to 90 days in jail. However, with our client being a licensed health professional, any criminal conviction would have to be reported to the Michigan Department of Licensing and Regulatory Affairs (LARA), which could result in a licensing investigation, an Administrative Complaint, and participation in the Health Professional Recovery Program (HPRP).

From the beginning, our Michigan healthcare licensing defense attorneys suggested that the client submit to breath testing on a portable breath testing device; undergo a substance abuse evaluation; and seek the appropriate treatment suggested in the substance abuse evaluation. Our client did everything we had advised, submitting to breath tests twice each day, attending 12-step support group meetings in person and online, and seeking treatment from a counselor.

Despite our repeated requests over the months that passed, the prosecuting attorney was unwilling to reduce the criminal charge. The case was to be set for a jury trial, but no date was scheduled due to the coronavirus pandemic. Although our client was losing faith as the case dragged on, with no end in sight due to the extended pause on jury trials in Michigan as a result of the Coronavirus pandemic, we remained steadfast.

Argument:
Ahead of the Final Conference, which was to be almost a year after our client’s arrest, our healthcare license defense lawyers sent a final letter detailing the efforts that the client had made during “self-imposed probation.” We followed this up with a telephone call, in which we highlighted the positive steps that our client had taken for a life change. We also pointed out weaknesses in the prosecution’s evidence of intoxication as well as our attorneys’ experience in handling drunken driving cases across the state of Michigan.

Result:
Shortly before the time of the Final Conference court appearance, our healthcare defense attorneys received an email indicating that the prosecutor would be dismissing the case at the Final Conference. Our client now has no criminal record, no conviction to report to LARA, and no HPRP monitoring agreement to complete.

Areas of Law:
Healthcare Licensing
Professional Licensing Defense
Substance Abuse & Impaired Practitioners
Health Professionals Recovery Program (HPRP)
Criminal Law

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.