Does a criminal conviction always lead to license revocation?

No. A conviction triggers the misconduct charge and shifts the case to penalty alone. However, the hearing committee still has discretion, and outcomes range from a censure or fine to a suspension or revocation depending on the conduct and the mitigation presented.

Can I contest whether I actually committed the crime at my OPMC hearing?

Generally no. Because collateral estoppel applies once a physician is convicted, the OPMC hearing on a Referral Proceeding focuses on the appropriate penalty, not on relitigating guilt.

What if my case was resolved with an adjournment in contemplation of dismissal instead of a conviction?

An ACD or a plea to a non-criminal violation is not a conviction of a crime and does not, by itself, support a charge under §6530(9)(a), though OPMC may still pursue the underlying conduct under one of the other misconduct grounds in §6530.

Does OPMC find out about a conviction even if I do not report it?

Yes. Hospitals and other licensed facilities have independent reporting obligations that can bring a conviction to OPMC's attention regardless of whether the physician discloses it.

Physician Charged with DWI in NY | Criminal & License Risk

Home > Media > Publications > Physicians Charged with DWI in NY | Criminal & License Risk

Published June 14, 2026
Author: Jordan Fensterman, Esq. Executive Partner and Director of
of the OPMC & OPD Defense Practice at Abrams Fensterman, LLP.
516-368-9430

Does Being Charged with DWI Put a Physician’s Medical License at Risk in New York?

What Should a New York Physician Do After Being Charged with DWI?

A DWI charge alone does not constitute professional misconduct under New York law, but a physician must still disclose the pending charge on any medical license renewal filed while the case remains open. Abrams Fensterman advises physicians in the days after arrest, before renewal deadlines or hospital bylaws create separate exposure.

Why a DWI Charge Alone Is Not Professional Misconduct, But Still Requires Action

New York’s professional misconduct statute treats conviction of a crime as the automatic trigger for OPMC exposure. A pending charge, on its own, is not a conviction and does not by itself establish misconduct. That said, physicians renewing their medical license while a DWI case is still open are required to disclose the pending charge and any prior criminal accusations under Executive Law § 296(16), regardless of how the case is ultimately resolved. Answering that renewal question incorrectly, even where the underlying charge is later dismissed or reduced, is treated by OPMC as a separate and serious problem in its own right.

Immediate Steps in the First 48 Hours

Retain criminal defense counsel before speaking further with investigators, employers, or colleagues about the arrest.

Check whether any license renewal filing is due while the case remains open, and prepare to answer the pending-charge question truthfully.

Review your hospital’s credentialing bylaws for any self-reporting requirement tied to an arrest, separate from OPMC’s own process.

Loop in OPMC-specific counsel early, since a decision made in the criminal case can shape what happens if the case results in a conviction.

How Abrams Fensterman Coordinates Criminal Defense and Licensing Strategy at the Charge Stage

Jordan Fensterman, Executive Partner and Director of the OPMC & OPD Defense Practice at Abrams Fensterman, LLP, advises physicians from the charge stage forward so that renewal filings and hospital disclosures are handled correctly before any conviction exists. The firm’s coordinated defense team works alongside Jordan Fensterman’s team so that the criminal case is defended with the licensing consequences in view from the outset. If the case ultimately results in a conviction, see What Happens to a Physician’s Medical License After a DWI Conviction in New York for the next stage.

Frequently Asked Questions About DWI Charges and OPMC

Does an arrest alone trigger an OPMC investigation?

Not automatically. OPMC’s clearest misconduct trigger is conviction of a crime, not the arrest itself, though OPMC can still open a review based on the underlying conduct. The arrest is a signal, not proof of misconduct on its own.

Do I have to disclose a pending DWI charge on my license renewal?

Yes. New York’s renewal application requires disclosure of pending criminal accusations under Executive Law § 296(16), independent of whether the case results in a conviction. Answering incorrectly is a separate problem from the underlying charge.

Does a DWI charge affect my hospital privileges before any conviction?

It can, depending on your hospital’s own credentialing bylaws, which sometimes require self-reporting of an arrest rather than waiting for a conviction. This runs separately from any OPMC process.

What’s the difference between being charged with DWI and being convicted?

A charge is an accusation that has not yet been resolved; a conviction is the legal result of a plea or trial finding guilt. New York’s misconduct statute is built around conviction, so the charge stage carries disclosure duties but not the same automatic misconduct exposure.

Should I wait until the criminal case is resolved before contacting an OPMC attorney?

No. Decisions made early in the criminal case, including a plea, can affect the licensing outcome later, so coordinating both from the charge stage protects your options if the case results in a conviction.

OPMC & OPD Defense

Charged with DWI? Protect Your Medical License Before You Respond.

Jordan Fensterman represents physicians throughout New York facing OPMC investigations, professional misconduct allegations, disciplinary hearings, license-renewal disclosure issues, and other matters that may threaten their medical licenses and careers.

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