Facts: Client was arrested for DWI and misdemeanor possession. He plead guilty to a modified misdemeanor offense. This was client’s second arrest for DWI and he had one prior conviction for DWI. TMB initiated an investigation and sent client a referral to a substance abuse program. Client ignored the referral, and the matter was sent to Enforcement.
Outcome: Client was granted an ISC and retained the firm. During the ISC the firm argued that client was not in need of a substance abuse program as there was no evidence of a substance abuse problem. The firm provided argument as to why client plead guilty and how the incident was an isolated event. A single isolated event, regarding substances, does not equate to a substance abuse concern. They also provided evidence that client was not working under his license at the time of the event or presently and that he was only working under his RN license. Evidence was provided that BON was not taking any action based on the conviction. After deliberation, TMB dismissed the matter and terminated the referral.
