DUI before residency

[knutella]

Here I am asking strangers on a forum for advice/information on a stupid mistake that I regret every day. "Tell me about a time where you made a mistake".

So I am a non-US IMG that was charged end of 2019 in Canada for a DUI. My BAC was almost double and I was involved in a collision (no injuries). Because of covid, the courts are backed up and I have no idea if the charges will be dropped or when the trial will be. My lawyer joked and said maybe not in 5 years.
I have been sober since, volunteering and have attended the equivalency of the US diversion programs.

This year I interviewed at 5 programs and my chances of getting into one of them are really high.
- If I do get accepted will the background check show outstanding charges/MVA collision?
- If it does show up on their background check what are the chances of them accepting me with a negative check?
- Should I tell the programs before the NRMP rank order deadline or wait to see if I will match?

I want to be honest and upfront with the programs but I don't want to potentially lose my ranking over something that may not affect my situation.

Any advice or opinions are appreciated.

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[Crayola227]

I would definitely contact an attorney that specialises in medical board dealings in one of the states you interviewed. I would look up the questions on the licensing forms and possibly relevant laws regarding the medical licensing of these states, and try to identify which seemed the most/least restrictive, or consider which state you are most likely to need or want licensure within, to try to narrow down where it might make the most sense to get specific legal advice for, the limit the number of legal opinions you might need.

It will come down to the rules and licensure proceedings of each state whether or not it is possible to apply and answer honestly each questions without any further ramifications.

An attorney familiar with the board and legal consequences of DUI is the best to advise you.

Most attorneys for this will be $250-350 an hour for this, some might have discounted rates or free for initial consult. It is worth you doing some research and getting an opinion before applying or discussing this with a medical board or employer.

 

[NotAProgDirector]

When you applied for residency positions this year you did not disclose this?

I would tread very carefully. First, having a DUI might affect your ability to get a visa. Second, if you do not disclose this prior to match and then anytime during your training this comes to light, you could be terminated immediately for a fraudulent application. And in that case would likely face punishment from ERAS, the NRMP, or both.

 

[GoSpursGo]

If you don't disclose this, then I think this would probably show up on a background check, or as NAPD said when you apply for a Visa. But I also think that if you disclose now you will obviously hurt your chances to match, and the programs that interviewed you will understandably be frustrated that you didn't disclose this at the onset of your application. The time for being "honest and upfront" has kind of past.

Yeah I'm not sure what to tell you. You have two very bad options.

 

[j4pac]

Either way...I wish you luck. I’m happy that you are getting treatment

 

[Redpancreas]

Completely agree with everyone on the overall situation. No one here will be able to provide you with 100% accurate advice on these two items which are what you will want to know.

1.) Will a program see this in a background check? No one here is qualified to know that for sure.
2.) What will programs think? The only thing PDs here can say is what they have to do. 5 PDs chose or had systems that chose you and now no one knows what the 5 would think. If I had a rank list and one program reveals a pretty big red flag to me, I wouldn't DNR them but maybe drop them down a bit. I'm not one of the 5 PDs making that decision though.

The thing I'm wondering is did you and your lawyer not come to a consensus on this when you were applying? If you two discussed things, under what basis was the decision made to not disclose? Was it potentially because you felt the charges would be gone by the time it mattered, but then COVID threw a wrench in that which you only realized after you applied? If I was seeing this from a PDs perspective (assuming I remained interested in your candidacy) I would want an explanation for why you did not disclose this in October 2020.

Overall, I recommend you disclose now accompanied with an explanation from why it was not disclosed in October 2020. Draft it with your lawyer.

 

[Crayola227]

I don't recommend you reveal anything to anyone without first getting a good legal opinion from someone who specifically specializes in representing physicians to the medical board. To whatever extent you can keep anything private or act proactively for damage control, they will be the best to guide your next steps.

Sometimes medical boards, PDs, etc think they are entitled to more information than they legally are. No one knows better than an attorney.

 

[Dr.LeoSpaceman]

You almost certainly need to talk with an immigration lawyer. The visa application has a question that specifically asks about arrests, not convictions. I think you're going to need concrete information on how this is going to impact your visa application, because if your visa is delayed, the program is going to find out about the arrest.

I want to be honest and upfront with the programs but I don't want to potentially lose my ranking over something that may not affect my situation.

If you wanted to be honest and upfront, you would have disclosed this at the beginning. Now you're stuck hoping they don't find out, or that if they do, you can grovel for mercy. Because while it may not have prevented you from being licensed (though it may have involved some extra hassle), now the issue is whether you can get bounced for a match violation

Good luck (I do mean this honestly).

Edit to add: And for clarity, from a program standpoint, the problem here now isn't the DUI. Handled appropriately, that honestly shouldn't disqualify someone unless it's habitual or there are other red flags (lack of insight/remorse, etc.). But now you're asking the PD to potentially render judgments on your honesty/integrity related to how you handled the situation. Issues in those areas are certainly things that can sink people.

 

[DokterMom]

I'm curious how the different countries aspect impacts things. If I understand it correctly, you are a citizen of 'Country X' who has a potential DUI in Canada and are applying for residency in the US?

 

[funkmastahflex]

Status update, OP? Hope things have worked out well for you!

 

[knutella]

Status update:

I told the program after match but before I went through the background check. The question during the application process was something like, " Arrest in the US" which was not true.
I was accepted into the program and started about a month late. I was required by the state board to undergo a 3-day addiction evaluation at a facility.
I am still sober and now entering my 3rd year in residency. This past month I was elected chief too and I'm looking to specialize in addiction medicine. Thank you everyone for your advice during this difficult time. I had to accept the things I could not change. Change the things I could about myself and have the wisdom to know the difference.

 

[j4pac]

Status update:

I told the program after match but before I went through the background check. The question during the application process was something like, " Arrest in the US" which was not true.
I was accepted into the program and started about a month late. I was required by the state board to undergo a 3-day addiction evaluation at a facility.
I am still sober and now entering my 3rd year in residency. This past month I was elected chief too and I'm looking to specialize in addiction medicine. Thank you everyone for your advice during this difficult time. I had to accept the things I could not change. Change the things I could about myself and have the wisdom to know the difference.

I’m happy for you. 🙏