If you had a DUI in the past and are wondering if it will affect your admission to the Florida Bar, we can help. In this blog, we will discuss what the Florida Board of Bar Examiners thinks about DUI and how a past DUI can affect your admission to the Florida Bar. We will also offer advice on how to handle disclosing a DUI to the Board and steps to take to prove your Character and Fitness.
Does The Board think that a DUI is a big deal?
“[A] practicing attorney who is an alcoholic can be a substantial danger to the public and the judicial system as a whole.”; The Fla. Bar v. Larkin, 420 So. 2d 1080, 1081 (Fla. 1982)
It’s no secret that being a lawyer is a highly stressful career, and lawyers usually aren’t adequately equipped to cope. On July 3, 2024, the Florida Bar News published an article authored by Sandra Cumper and Bruce A. Blitman stating that 20% of U.S. lawyers classified themselves as heavy drinkers, according to a survey study published in 2023.
That’s one in five lawyers. The Board’s job is to protect the public. See where this is going?
There’s no shortage of material on Florida attorneys who suffer the consequences of addiction. One of the sadder cases involves this attorney (TFB Dubbeld 1999 PDF), who ultimately succumbed to addiction in 2002. Keep in mind that this is a 1982 opinion; more recent opinions coming out of the FSC are MUCH different.
What About An Applicant With One DUI In Their Past?
This lawyer (TPS Police Report 12-2019 PDF) was arrested for DUI in December 2019, about four months following his admission to the Florida Bar. He pled no contest to DUI in July 2020, lost his job, and started attending AA voluntarily.
This lawyer’s prior 2017 DUI arrest, which happened before he was admitted to the Bar, is missing from the Florida Bar’s referee report (TPS ROR PDF) but appears in the December 2019 police report.
One might assume, then, that one DUI he had in 2017 didn’t preclude his 2019 admission. But be careful about such blanket assumptions. Evidently, the state declined to prosecute, which usually means there’s an evidence problem. In addition, he said that the delays in this case caused by covid affected his decision to plea. His probation was terminated early, according to court records. However, we don’t know all the facts and circumstances that went into the Board’s recommendation for admission. Without all the facts, it’s dangerous to assume that the Board would find another applicant’s singular DUI innocuous as well.
The lawyer in this case got lucky when the Supreme Court sanctioned him to a public reprimand by publication. The other kind of public reprimand is televised statewide and is quite painful to watch (https://www.youtube.com/watch?v=rscvOFekUV4)
Will A DUI Affect My Admission To The Florida Bar?
A DUI can affect the Board’s decision to allow you to practice law in Florida. Because the primary requirement of a licensed Florida attorney is to have the Character and Fitness to practice law, anything that puts that into question can affect your admission to the Florida Bar. But something that the Board will consider is whether your DUI was a one-time incident or part of a pattern of behavior. A single incident from years ago is less likely to raise significant serious concerns than multiple DUIs or several misconduct issues in your background.
How Can I Prove Character and Fitness When I Have A DUI On My Record?
There are a few steps that can help prove Character and Fitness despite having a DUI in your past.
- Be completely transparent on your application and with the Board in general about your DUI. Lying or trying to conceal your DUI may cause irreparable issues with the Board.
- Prove you have been rehabilitated and are a changed person since the incident.
- Consult with a Character and Fitness attorney who is experienced in Florida Bar Admissions.
Conclusion
A DUI can affect your acceptance to the Florida Bar especially if you are unable to prove that you are rehabilitated or that it was a singular event. A DUI can call into question your Character and Fitness to practice law which can be a concern and even a disqualifying factor for the Board. While it is less likely to be a disqualifying factor if there is only one minor DUI incident, you should still take it very seriously when applying to the Florida Bar. Be candid about your DUI and offer proof of any rehabilitation.
We highly recommend consulting with an experienced Florida Bar Admissions Attorney like Elizabeth S. Conan. Elizabeth can help you prepare your application or hearing to give you the best chance of becoming a licensed Florida lawyer. Contact Elizabeth today!
