- Joined
- Jun 24, 2014
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- 192
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- 211
Hi forums, thank you in advance for any advice and tips you can give me. I implore you to be as brutal as possible and obviously the person whom I am taking the biggest advice from is my Attorney, Program director, and Physician Health group (PHP).
Last month, i received a DUI while off-duty from work on saturday night. They pulled me over for speeding and asked how much i drank due to saying they smell it on me to which I said I had mixed cocktails hours ago and people have spilled beer on me and that I did not drive drunk. He did not buy narrative and offered breathalyzer to which i refused. I believed i passed FTS but he arrested me and warranted for my blood alcohol which was drawn. I self-reported the following week to which my PD filed a referral to Academic Affairs for fit for duty assessment. PHP got involved and agreed. I submitted to UDS and Etg (negative) and also PD was requested to fill any evaluations of issues on-duty to which he showed it to me himself which was “absolutely none” over my 3 years residency. Im on my final year resident and he submitted back that I met graduation status as my past 3 years had no moments of erratic behavior, inebriation, missed obligations, nor poor performance but in fact improvement and readiness to be attending. So referral therfore was for “DUI arrest” to which PHP now demands i do fit for duty eval, a 3-day program to evaluate if im fit for work (FFDE)
Fast forward to this final week. My BAC returned below legal limit (0.06) and my DA decided to drop my case due to lack of evidence that i truly was impaired. My charge is lifted and reduced to Speeding. My criminal attorney notified me that my narrative was true and i was not impaired. So far my license suspension has now been lifted (due to refusing chem test) and that violation is now reversed and I am free to use my drivers license. My attorney said he thought my DA would plea bargain for reckless driving (which would be admission of guilt) but due to bac and no property/human dmg, decided to proceed with dismissal and just traffic infraction.
My PHP is still demanding to do FFDE for the DUI arrest but it is now dismissed. I personally find this wrong. I told them i have dismissal and sent court documents verifying, along with evidence of my minimal BAC and negative drug screenings but they still said “its not about the criminal matter”. They threatened to send me to the Board for non-compliance. I feel backed to a corner. My plan is to continue to refuse FFDE, aware repercussions include termination, revoked license, removal from duties in program, miss graduation, and and financial loss and time as it is a lot of money from both paying more legal fees and fighting what is likely a yearlong battle.
I called my PD who agrees to hold off on FFDE as he personally confirms i had no on-duty report to provoke the refferral, just that off-duty incident. He says he will personally serve collateral as he notes i have 3 years of objective evidence in evals that i wasnt under influence or faltered in my work. He still is working with my criminal attorney and called the PHP himself affirming this but they are not budging. Part of me thinks “just do FFDE” and my PHP argues if I believe I got nothing to hide, i should go FFDE and they will diagnose my with nothing and say I am fit for work. I call bull****. I find it sus they offer 4 facilities that are all in patient with 90d programs attached that they are advertising to the evaluees to also do after they get stamped with whatever ICD code they catch with the dozens of IQ tests, memory exams, attention tests, and depression/personality screens. I will be at mercy of whatever they say I have which will be impossible to contest and remove against assessments by a multidisciplinary group of Psychiatrists, Addictionologists, and Neurocognitive Therapists who will put me through 8h stressful testing while inpatient over 3 days.
Last month, i received a DUI while off-duty from work on saturday night. They pulled me over for speeding and asked how much i drank due to saying they smell it on me to which I said I had mixed cocktails hours ago and people have spilled beer on me and that I did not drive drunk. He did not buy narrative and offered breathalyzer to which i refused. I believed i passed FTS but he arrested me and warranted for my blood alcohol which was drawn. I self-reported the following week to which my PD filed a referral to Academic Affairs for fit for duty assessment. PHP got involved and agreed. I submitted to UDS and Etg (negative) and also PD was requested to fill any evaluations of issues on-duty to which he showed it to me himself which was “absolutely none” over my 3 years residency. Im on my final year resident and he submitted back that I met graduation status as my past 3 years had no moments of erratic behavior, inebriation, missed obligations, nor poor performance but in fact improvement and readiness to be attending. So referral therfore was for “DUI arrest” to which PHP now demands i do fit for duty eval, a 3-day program to evaluate if im fit for work (FFDE)
Fast forward to this final week. My BAC returned below legal limit (0.06) and my DA decided to drop my case due to lack of evidence that i truly was impaired. My charge is lifted and reduced to Speeding. My criminal attorney notified me that my narrative was true and i was not impaired. So far my license suspension has now been lifted (due to refusing chem test) and that violation is now reversed and I am free to use my drivers license. My attorney said he thought my DA would plea bargain for reckless driving (which would be admission of guilt) but due to bac and no property/human dmg, decided to proceed with dismissal and just traffic infraction.
My PHP is still demanding to do FFDE for the DUI arrest but it is now dismissed. I personally find this wrong. I told them i have dismissal and sent court documents verifying, along with evidence of my minimal BAC and negative drug screenings but they still said “its not about the criminal matter”. They threatened to send me to the Board for non-compliance. I feel backed to a corner. My plan is to continue to refuse FFDE, aware repercussions include termination, revoked license, removal from duties in program, miss graduation, and and financial loss and time as it is a lot of money from both paying more legal fees and fighting what is likely a yearlong battle.
I called my PD who agrees to hold off on FFDE as he personally confirms i had no on-duty report to provoke the refferral, just that off-duty incident. He says he will personally serve collateral as he notes i have 3 years of objective evidence in evals that i wasnt under influence or faltered in my work. He still is working with my criminal attorney and called the PHP himself affirming this but they are not budging. Part of me thinks “just do FFDE” and my PHP argues if I believe I got nothing to hide, i should go FFDE and they will diagnose my with nothing and say I am fit for work. I call bull****. I find it sus they offer 4 facilities that are all in patient with 90d programs attached that they are advertising to the evaluees to also do after they get stamped with whatever ICD code they catch with the dozens of IQ tests, memory exams, attention tests, and depression/personality screens. I will be at mercy of whatever they say I have which will be impossible to contest and remove against assessments by a multidisciplinary group of Psychiatrists, Addictionologists, and Neurocognitive Therapists who will put me through 8h stressful testing while inpatient over 3 days.
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