# DUI and Posssession charges, what to do



## badcall10 (Feb 6, 2010)

im a paramedic student and was recently arrested for misdemeanor dui and possession of marijuana. should i tell my school and program? will i still be able to  get a license? will i kicked out of school? i have no idea what to do and any advice would be appreciated. my biggest concern is that we have to do background checks for our clinicals at the beginning of every school year and that next year my arrest will show up and ill be kicked out of school or wont be able to do clinicals then be kicked out of school. i made a mistake and still want a chance to be a paramedic. thanks.


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## 8jimi8 (Feb 6, 2010)

You better join NA or AA and get a sponsor, or someone who will be willing to vouch that you have been clean for the entire year, leading up to your next background check. 

You need to talk to your state licensing office and find out if you will even be allowed to continue.  

You might have ruined your chance for this go-around.  They may want to see a history of a few years without any new arrests before they are willing to consider putting you in charge of people's pre-hospital healthcare.


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## badcall10 (Feb 6, 2010)

it just ask if i have been convicted of a felony. which they are misdemeanor charges...


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## 8jimi8 (Feb 6, 2010)

The best advice i can give you is to proceed openly and honestly.  If you can pass your school background check by answering "no" to a felony conviction that is fine; however, the state ems board will scrutinize your new arrest.  It is best to contact them and ask them how to proceed.  They are the final authority on your license to practice in your state.


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## badcall10 (Feb 6, 2010)

the state licensing only ask about felony convictions however my school makes us do FBI background checks... not kidding. not for thier purposes but for the purpose of the clinical agreements they have with hospitals.


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## TripsTer (Feb 6, 2010)

You have to also think about when you start looking for a job and the background checks they give you.  It's safe to assume that if you don't pass your school's check, you won't pass your job's.

You need to throw the reefer out of your life and learn not to drink and drive.  If you have any plans of being a Paramedic or get any kind of civil service job, you aren't going to get one anytime soon with that on your record.


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## firecoins (Feb 6, 2010)

you need to speak to an attorney.  do not get your advice from an internet forum.


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## VentMedic (Feb 6, 2010)

Hospitals are still responsible for their patients and are entitled to know who will be working within their facility even if it is just for clinicals.  Most health care programs require an entry background check with the application process.  EMS should not be an exception. 

You will find that regardless of whether the word "felony" or "misdemeanor" was used, clinical programs and employers may have this in their contractual agreement whether it is just for class clinicals or employment. 


Any crime related to the sale, possession, distribution or transfer of narcotics or controlled substances in the 7 years immediately preceding the submittal of application. 

Right now marijuana can still be classified as a controlled substance. Some figure 7 years might be adequate for you to have made up your mind about the priorities in your life and whether you are now ready to assume the responsibilities that come with decision making where people's lives are concerned. The argument will be that if you make bad decisions while in Paramedic school, what judgment will you use when it comes to treating patients or with the responsibility of driving an ambulance?​


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## rescue99 (Feb 6, 2010)

badcall10 said:


> im a paramedic student and was recently arrested for misdemeanor dui and possession of marijuana. should i tell my school and program? will i still be able to  get a license? will i kicked out of school? i have no idea what to do and any advice would be appreciated. my biggest concern is that we have to do background checks for our clinicals at the beginning of every school year and that next year my arrest will show up and ill be kicked out of school or wont be able to do clinicals then be kicked out of school. i made a mistake and still want a chance to be a paramedic. thanks.



If you are convicted, you will not get a license anytime soon. You will not be kicked out of school however, clinicals are a problem..which means you can't finish. Pray for a no-conviction.


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## VentMedic (Feb 6, 2010)

I am also curious if you have reported your arrest to the State if you have a current EMT cert.


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## mississippimedic (Feb 6, 2010)

I would hold off on telling your school for a while, I would make an attempt to talk to face to face with the DA and beg for mercy on the poss. charge to get that dropped first, then I would try to get him to lessen the DUI charge.  If you talk to them the right way and plead your case you may have a chance.  However, they may not be willing just to do it for you, offer community service and maybe some AA NA type stuff.  Also you may offer to take the DUI driving course if your state has one.  If you have a otherwise clean record it may work, Its up to the DA.  I got caught up in some stuff when I was about 20, I went to the police dept talked to the chief, he asked the officer that charged me, If he minded dropping the charges we all talked a while, I keep a humble attitude, and they dropped it. Step 2 hire a lawyer and fight like hell you may get lucky find a loophole or sympathetic judge and get a dismissal.

Step 3: none of the above work tell your program dir. If you have any chance of beating the charges I think talking to the DA is your best shot, all he can do is say no.


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## MrBrown (Feb 6, 2010)

badcall10 said:


> what to do



find another career


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## wyoskibum (Feb 6, 2010)

*Trying to hide it will come back to haunt you.....*



badcall10 said:


> im a paramedic student and was recently arrested for misdemeanor dui and possession of marijuana. should i tell my school and program? will i still be able to  get a license? will i kicked out of school? i have no idea what to do and any advice would be appreciated. my biggest concern is that we have to do background checks for our clinicals at the beginning of every school year and that next year my arrest will show up and ill be kicked out of school or wont be able to do clinicals then be kicked out of school. i made a mistake and still want a chance to be a paramedic. thanks.




Definitively consult a lawyer.  However, you need to go to your Paramedic Program Director and be open and honest about what happened.  If there is any chance of you continuing, it will be with your program director's involvement.   Trying to hide it will only make matters worse when it does come out.  (And it will).

You do need to decide if you are serious about EMS as a career.  If you are, you need to give up this immature behavior of smoking pot and need to make better choices about alcohol consumption.

Just my $.02 worth


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## Veneficus (Feb 6, 2010)

I would speak to an attorney before speaking to the DA. The last thing you want to do is give an opposing lawyer information to use against you.


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## rescue99 (Feb 6, 2010)

VentMedic said:


> I am also curious if you have reported your arrest to the State if you have a current EMT cert.



There is no obligation to report to anyone unless there is a conviction. If these were felony charges, it is probable his license would be suspended pending the outcome.


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## VentMedic (Feb 6, 2010)

rescue99 said:


> There is no obligation to report to anyone unless there is a conviction. If these were felony charges, it is probable his license would be suspended pending the outcome.


 
That would depend on the state. Some do require the state be notified of an arrest, especially one that includes a controlled substance, within a reasonable amount of time or for re-cert. This is no different than if your employer reprimanded you for certain offenses, errors or misconduct which may also be reportable to the state.


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## rescue99 (Feb 6, 2010)

VentMedic said:


> That would depend on the state. Some do require the state be notified of an arrest, especially one that includes a controlled substance, within a reasonable amount of time or for re-cert. This is no different than if your employer reprimanded you for certain offenses, errors or misconduct which may also be reportable to the state.



All the more reason he talks to a lawyer before an employer. The guy's not convicted of any crime..yet.


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## badcall10 (Feb 6, 2010)

the state would only require me to report it with my emt-b if it was a felony, i think.


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## VentMedic (Feb 6, 2010)

badcall10 said:


> the state would only require me to report it with my emt-b if it was a felony, *i think*.


 
You should already have been reading your state's statutes for cert/license.   Quite possibly if you had read them when you initially got your EMT cert, you might have realized drinking and driving while being in possession of marijuana was not the best idea.


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## rescue99 (Feb 6, 2010)

badcall10 said:


> the state would only require me to report it with my emt-b if it was a felony, i think.



As is true in most every state. Go hand a lawyer 500 bucks for some good advise. It may be well worth your while. 

PS: Have ya learned anything from this?


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## wyoskibum (Feb 6, 2010)

*Not necessarily...*



rescue99 said:


> There is no obligation to report to anyone unless there is a conviction. If these were felony charges, it is probable his license would be suspended pending the outcome.



I know my Paramedic School had a code of conduct that I was required to follow to participate in my program.  So even it there is no obligation to report to government authorities, he may be in violation of his schools policies.   In my opinion, better to come clean and ask for forgiveness and leniency that to try and hide it and get caught later.


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## Don Gwinn (Feb 6, 2010)

firecoins said:


> You need to speak to an attorney.  Do not get your advice from an internet forum.



This is the best advice you'll get on any internet forum.


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## rescue99 (Feb 6, 2010)

wyoskibum said:


> I know my Paramedic School had a code of conduct that I was required to follow to participate in my program.  So even it there is no obligation to report to government authorities, he may be in violation of his schools policies.   In my opinion, better to come clean and ask for forgiveness and leniency that to try and hide it and get caught later.



Caught at what? Until a court action, there's nothing to confess. Asking a lawyer's advise is the only appropriate action this young person should be taking at this juncture.


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## EMSLaw (Feb 6, 2010)

You've been convicted of an offense involving possession of a controlled dangerous substance.  I have to be honest, you've hurt your chances of getting a paramedic license in the near future and may lose your EMT card.  Honesty is the best policy.  Disclose it to the state and your program, get treatment, and take the consequences.  If you lie about it, it will only be worse in the end.

Or have you only been arrested?  If so, then seek legal advice, but you may still have a duty to disclose it to licensing authorities.


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## VentMedic (Feb 6, 2010)

rescue99 said:


> Caught at what? Until a court action, there's nothing to confess. Asking a lawyer's advise is the only appropriate action this young person should be taking at this juncture.


 
When there is a controlled substance involved, including marijuana, or excessive alcohol use the state does not have to wait for a conviction to determine if your license should be in question. 

If you look at Michigan's statutes for disciplinary action, you will find it states something very close to that as well as that for a conviction.

Even if you beat a drug conviction with a smooth attorney that does not mean you will not have to answer to the state or an employer and drug testing may be in your future. Do you honestly want more people in EMS or any health care profession taking care of patients, especially if you are their partner, who might have bigger issues than just getting arrested? We have several in all health care professions who have not been convicted but must still answer for their actions if it pertains to substance abuse. 

For illustration of this I will use California but this time as a good example. After that state came under criticism for being too lenient and lax at enforcement of disciplinary actions, they decided it was time to establish some guidelines. Unfortunately, as just guidelines, the counties and medical directors can still make up their own rules like allowing a convicted child killer get an EMT cert. 

http://www.emsa.ca.gov/about/files/EMT2010/Ch6DisciplineGuidelinesApprovedByEMSComm.pdf



> 8.* Violating or attempting to violate any federal or state statute or regulation **which regulates narcotics, dangerous drugs, or controlled substances.*​
> Maximum Certification Action : Revocation ​
> 
> Recommended Certification Action : Revocation stayed, sixty (60) day​
> ...


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## rescue99 (Feb 6, 2010)

VentMedic said:


> When there is a controlled substance involved, including marijuana, or excessive alcohol use the state does not have to wait for a conviction to determine if your license should be in question.
> 
> If you look at Michigan's statutes for disciplinary action, you will find it states something very close to that as well as that for a conviction.
> 
> ...



I'm sure you know best. My information for here comes straight from the licensing agency but, some people seem to know more about the law than those who create them. The young man needs to seek a lawyer's advice, not a forum's.


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## VentMedic (Feb 6, 2010)

rescue99 said:


> I'm sure you know best. My information for here comes straight from the licensing agency but, some people seem to know more about the law than those who create them. The young man needs to seek a lawyer's advice, not a forum's.


 
*Read your statutes or state's regulations.* You should be familiar with these as a licensed EMT or Paramedic. One should know what their responsibility is if they hold a license in the health care professions. This also includes an EMT certification. 

You do not need a law degree for that.

Do you not know it is frowned upon for an EMT(P) to be in possession of an illegal controlled substance for personal use? Maybe if you read the statutes you would know this.

And, I have NOT once stated he should not seek out an attorney but I pity the attorney who gets someone as a client who is clueless about his responsibility as it pertains to his own profession and certification.

While this person should get his life straightened out legally, do we really need to justify his actions as being acceptable in EMS? He did not deny driving drunk or having the marijuana. He already has an EMT cert and should know a little about the responsibility of having a certification or license issued by a state.


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## rescue99 (Feb 6, 2010)

VentMedic said:


> *Read your statutes or state's regulations.* You should be familiar with these as a licensed EMT or Paramedic. One should know what their responsibility is if they hold a license in the health care professions. This also includes an EMT certification.
> 
> You do not need a law degree for that.
> 
> ...



We are a country of laws and our constitution guarentees our rights. Drunks and druggies have no place in my personal life for reasons that are personal to me alone. On the other hand,  I don't write the law, I respect the law. If the law says turn yourself in then follow the law. If it says turn yourself in under some condidtions and not others until and unless there is a conviction...follow that law. Knowing what to do when someone doesn't understand the laws in his/her location is pretty simple. Seek legal advise. My personal opinion is neither here nor there. 

 I am American. While I may not agree with our system completely, I do repsect it. Without the Constitution and laws which protect us and our rights, we'd be...well, we'd be just another 3rd world nation.


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## VentMedic (Feb 6, 2010)

rescue99 said:


> We are a country of laws and our constitution guarentees our rights. Drunks and druggies have no place in my personal life for reasons that are personal to me alone. On the other hand, I don't write the law, I respect the law. If the law says turn yourself in then follow the law. *If it says turn yourself in under some condidtions and not others until and unless there is a conviction...follow that law.* Knowing what to do when someone doesn't understand the laws in his/her location is pretty simple. Seek legal advise. My personal opinion is neither here nor there.
> 
> I am American. While I may not agree with our system completely, I do repsect it. Without the Constitution and laws which protect us and our rights, we'd be...well, we'd be just another 3rd world nation.


 
Read your statutes.   If you are caught with illegal drugs as a licensed health care professional, you will not always be able to claim ignorance or "right as an American" to do drugs stuff. 

You do not need to be arrested and convicted if your employer gives you a random drug test.   Your employer will more than likely turn you over to the state licensing board to determine your discipline.


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## rescue99 (Feb 6, 2010)

:deadhorse:





VentMedic said:


> Read your statutes.   If you are caught with illegal drugs as a licensed health care professional, you will not always be able to claim ignorance or "right as an American" to do drugs stuff.
> 
> You do not need to be arrested and convicted if your employer gives you a random drug test.   Your employer will more than likely turn you over to the state licensing board to determine your discipline.



:deadhorse:


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## ffemt8978 (Feb 6, 2010)

Here's another example, taken from the WA state application (http://www.doh.wa.gov/hsqa/emstrauma/initcert.htm)



> 2.     Do you currently use chemical substance(s) in any way which impair or limit your ability to practice your profession with reasonable skill and safety? If yes, please explain.
> 
> “Currently” means within the past two years.
> 
> “Chemical substances” include alcohol, drugs, or medications, whether taken legally or illegally.


and on the very next page


> 4.     Are you currently engaged in the illegal use of controlled substances?
> 
> “Currently” means within the past two years.
> 
> ...



So you don't even have to be convicted to have it affect your certification.


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## WolfmanHarris (Feb 6, 2010)

My advice is that you have three things to examine. 
The deficiencies in your personal life that resulted in such incredibly bad decision making and judgment and have resulted in an apparentent attitude towards these troubles that's short on responsibility and high on seeking work-arounds.

Two, seek a lawyer.

Three, what you'd like to do instead of EMS that doesn't require a clean criminal and driving record.

You may find answers to these problems hard to find on the internet. I imagine I'm not alone in having to exercise significant restraint in responding to this.

I'll leave my contribution at that.


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## firetender (Feb 6, 2010)

*You are now marked with the scarlet letter "M"!*

The degree to which it is really important to you to do this work will determine how hard you fight for it, and it will be a fight. If you're not really motivated, you'll do something else and that's good for everyone and is far better than, what it sounds like, which is you're looking for an easy way out.

I started my career in EMS with a felony ("Attempted" sale of a dangerous drug 4th degree - marijuana). I had just gotten out of NYC jail system and wanted to volunteer on a local ambulance corps (EMT). I was honest; they did not accept me, I fought, they let me in. Same thing with Ambulance service in FL. Same thing with paramedic school there. Same thing with transferring from FL to CA, only in CA I had to go through one of the members of the State Senate to make it through -- and this after having had 5 spotless years experience as a paramedic.

For me, it was simple, if I backed down I'd end up backing down to anyone for anything for the rest of my life. I decided I'd not allow a bone-head action by a 22 yo interfere with his dedication to a career. It doesn't matter that this was the 70's and 80's and that yours is not quite a felony; now you may be under just as much pressure as was I, and with a DUI as icing on the cake, I'd say to you "Come back in a year after you've shown you can stay out of trouble. There's enough of that abuse going on secretly, why would I invest in someone with a clear mark of such behavior?"

Are you ready to accept the natural consequences of your actions? If so -- and it won't only be with EMS -- there are some things you will have to start overcoming; Number One is the Majic Question; "Have you ever been __________ of a __________."

I wish you well.


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## terrible one (Feb 6, 2010)

MrBrown said:


> find another career



+ 1 
come back in 7-10 years


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## TransportJockey (Feb 6, 2010)

terrible one said:


> + 1
> come back in 7-10 years



I was thinking 10-15


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## MrBrown (Feb 6, 2010)

jtpaintball70 said:


> I was thinking 10-15



I was thinking never


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## SnowMedic (Feb 7, 2010)

Bad Choices will forever haunt you.  I know we were told that even a speeding ticket could throw you in the application process.  We were explained like this:  For where I live there are hundreds of applications for a handfull of openings.  They said one of the way to sort through the applications is to go through drivers abstracts and criminal records.  Anyone that has either, gets tossed.  At the end of the day, this is a competitive career and they don't NEED you; you need them.

I personally think if convicted, you just screwed yourself good.  What were you seriously thinking!?


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