License with History of OWI

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TheBadge24

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Hello,

Back when I was 20 years old I received an OWI (operating while intoxicated) in the state of Wisconsin. I offered up my vehicle to our designated driver to use, it broke down near the end of the night, and I hopped in the driver seat to try to get the engine to turn over and figure out what was wrong. A police officer pulled up behind us while I was attempting to start the car, he smelled alcohol on my breath, and I was breathalyzed and charged with an OWI.

I own that mistake. I had no intention to drive the vehicle, but it was bone-headed of me to get behind the wheel of a vehicle and put the keys in the ignition under the influence of alcohol. Additionally I should not have been out and drinking under the age of 21 in the first place. I make zero excuses for this.

For whatever reason, a first offense OWI is not a misdemeanor or felony in the state of Wisconsin. It is a civil offense, not a criminal one. It is probably the only state where that is the case, and given the high number of OWI's and related crashes/deaths in this state, it shouldn't be that way. I understand that I am lucky that is the case here, although it should not be.

I have newly matched into residency and am in the process of applying for a resident training medical license (in a different state where DUI's are misdemeanors). The application consists of fingerprint ID'd national background check, so I am fairly certain that my incident will still appear on that background check. I have no intent on hiding this from anyone. I own it, I learned from it. I took a voluntary alcohol assessment and education class following the incident, I spoke openly about it to multiple clubs on my college campus after it happened, I am a much different person. I am wondering how to best disclose this information to the state medical board that I am applying to. A few of the questions on the application ask about license suspensions but the way the questions are worded seem to hint more toward medical licenses instead of things like driver's licenses. And there are no questions on it that ask about arrests or OWI's/DUI's, misdemeanor, felony, etc.

Should I:
a) Wait until after the medical board does their background check and they reach out to me to get more information on the incident?
b) Try to make it fit under one of the license suspension questions and explain the incident there?
c) Write a letter explaining my incident and how I have learned/changed along with copies of the court documents, education classes, volunteer public speaking and send those to the medical board with my application?
d) Something else?

In addition: My residency program will be conducting a separate background check. As far as I know, they are also currently unaware of the incident. To preserve a sense of trust and so they aren't completely blindsided, do you believe it would be helpful to reach out to them and warn them/explain the incident to them?

Thank you in advance and I wish you all a very relaxing weekend.

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If you're stressing out about this you can always reach out to a lawyer that deals with medical board issues in your new state and they will be the most helpful. For <$1,000 they can probably meet with you and help you write any answers to questions on the application. If you DO answer one of the questions incorrectly even on accident that will be a much bigger headache.

I would not disclose anything to your program (or your state) that you don't have to. Was this supposed to be on ERAS? Did you disclose it when applying to medical school?
 
Disclose up front. If you don't and it shows up, then the lack of disclosure becomes the problem and demonstrates the opposite that your documenting here (owning the issue, remorse for the situation)
 
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Disclose up front. If you don't and it shows up, then the lack of disclosure becomes the problem and demonstrates the opposite that your documenting here (owning the issue, remorse for the situation)
Wouldn't this have fallen under the "Is there anything in your past that might affect your ability to get a license?" on ERAS?
 
Well, did they fingerprint you during the OWI? I’ve never heard of fingerprinting for non-criminal offenses.
 
If you're stressing out about this you can always reach out to a lawyer that deals with medical board issues in your new state and they will be the most helpful. For <$1,000 they can probably meet with you and help you write any answers to questions on the application. If you DO answer one of the questions incorrectly even on accident that will be a much bigger headache.

I would not disclose anything to your program (or your state) that you don't have to. Was this supposed to be on ERAS? Did you disclose it when applying to medical school?
Thank you for the advice!

I did not disclose on ERAS as it did not fall under the misdemeanor/felony question and at the time. I asked a couple different advisors at my school if I should include it under the "Is there anything in your past that might affect your ability to get a license?" on ERAS and they all said not to include it there, as I should still be able to get a license despite it.

I did disclose it on my medical school application however.

I believe that my program will find out anyways from their own background check so I am wondering if I should reach out and talk to them about it before they actually perform the background check
 
Wouldn't this have fallen under the "Is there anything in your past that might affect your ability to get a license?" on ERAS?
I asked a couple different advisors at my school if I should include it under the "Is there anything in your past that might affect your ability to get a license?" on ERAS and they all said not to include it there, as I should still be able to get a license despite it. And at that point in time I was not entirely sure what all goes into getting a medical license.
 
Well, did they fingerprint you during the OWI? I’ve never heard of fingerprinting for non-criminal offenses.
I don't believe so. But even though it is non-criminal I think it will still show up regardless of the fingerprinting.
 
It will likely show up. I had an underage drinking charge when I was 17. I tried my best to find any record of it (it happened a decent time before the 'online age'), but couldn't. Regardless, I called the state board about it because I intended to be honest and report it. They said to answer yes to the appropriate question, then write a short description of what happened on another page and attach it. It took a month to get my state license, meaning it didn't hold anything up. When I had talked to the person at the licensing board, they told me when I submit, someone will read it, shrug, and move on...and that's what happened. However, they told me the important thing is to be up front and honest (you already know this).

I would say a good approach is to contact the state board about it and see what they say. If after speaking to them, it is not totally straight forward, then maybe talk to a licensing lawyer.

I want to a lawyer before I contacted my state board and tbh, it was pretty much a waste of my time and money. Your experience could be different though.
 
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