The Arizona law enforcement community takes its commitment to public safety very seriously, and stopping Arizonans from driving under the influence is a cornerstone of that commitment. Arizona's DUI laws require jail time and fines for first offenders, and the punishments grow in severity for subsequent convictions. The picture is even more complicated if you're a licensed Arizona nurse who is arrested or convicted of DUI. It could cost you your nursing license.
Are you an Arizona nurse who has been arrested or convicted of DUI? If the answer is yes, your career could hang in the balance. You must report any convictions to the Arizona State Board of Nursing, which has the authority to sanction, suspend, or even revoke your license entirely. Plan your license defense as carefully as your criminal defense. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online today.
Arizona DUI Laws and Standards
Under Arizona law, you can be arrested for DUI if you are found operating a motor vehicle with a blood alcohol content (BAC) of .08 or more. Arizona is also an implied consent state, which means that you consent to blood alcohol and drug concentration (BADC) testing as a condition of your licensure.
Additionally, Arizona's DUI laws make it a crime to drive under the influence of any drug or controlled substance. That includes medical cannabis, prescription medication and/or any illicit drugs (e.g., cocaine, heroin, methamphetamine, ecstasy).
Penalties For Arizona DUI Convictions
Arizona applies a set of stiff penalties to people convicted of DUI. A first time conviction will result in the following minimum punishments:
- A minimum term of 10 consecutive days in jail
- A minimum fine of $1,250
- Required installation of a "certified ignition interlock" device on every vehicle you have access to
- Mandatory drug and alcohol testing
- Mandatory community service
Second (and subsequent) convictions are even more severely punished. This will result in a minimum 90-day jail sentence, a fine of at least $3,000, and a 12 month suspension of your driver's license. That's in addition to mandatory drug and alcohol screening and community service.
If you are convicted of "extreme DUI,", which is when your BAC is .15 or over, the punishment for a first offense of this crime is equivalent to the penalties listed above for a second DUI conviction. Each subsequent conviction for extreme DUI carries a minimum 120 day jail sentence, a minimum $3,250 fine and a 12 month suspension of your driver's license.
The Arizona State Board of Nursing
Arizona's nursing profession is regulated by the Arizona State Board of Nursing under authority granted to it by the Nurse Practice Act. The board maintains the integrity of Arizona's healthcare system by ensuring that all Arizona nurses uphold the highest personal and professional standards.
Arizona State Board of Nursing Disciplinary Guidelines in Alcohol and Drug Investigations
The Arizona State Board of Nursing has guidelines for alcohol and drug investigations involving licensed nurses. These guidelines state: "Healthcare professionals who have active substance use disorder, including addiction, have high potential to negatively impact patient safety and should not be practicing until such time as they can demonstrate the ability to abstain from substance abuse and a recovery process."
Licensed Nurses work under extreme pressure in an environment where mistakes can have tragic consequences. Accordingly, they must be 100% in control of their faculties in order to perform effectively. That control could be lacking if a licensee is struggling with substance abuse issues or under the influence while on the job. That's why the Board reserves the right to investigate and sanction nurses who are arrested or convicted of DUI.
Arizona Nurses Face Two Tribunals After DUI Arrests
DUI arrests could result in two legal proceedings for licensed nurses in Arizona. The first proceeding will be in criminal court, where the state will try to prove your guilt beyond a reasonable doubt. The second will be a disciplinary hearing with the Board of Nursing, where the Board decides whether your arrest or conviction makes you a potential danger to patient safety. As opposed to your DUI case, which could be decided by a jury of your peers, the disciplinary hearing will be adjudicated by board appointees.
The potential punishments from the Board will be in addition to any applied by the legal system. However, the board's disciplinary process does not operate the same way as a criminal trial. Many nurses make the mistake of hiring the same attorney to defend them in criminal court and against the licensing board. They don't realize professional license defense is an entirely different field with a different standard for guilt or innocence than criminal courts.
Our Professional License Defense Team has proven experience helping nurses and other licensed professionals continue doing their life's work. We realize that the board is less concerned with your guilt or innocence in the criminal case than they are with whether allowing you to continue practicing would endanger the public. We will work diligently to present you and your case to the board in the best light possible.
You Must Report Your DUI Arrest or Conviction to the Board
The Arizona Nurse Practice Act mandates that any licensed nurse who is arrested for a felony or misdemeanor offense that could negatively affect patient care must report the charge to the board. Failing to notify the board in writing within ten days of the arrest or charge is a violation of the Nurse Practice Act. You can be sanctioned for this violation regardless of the outcome of your criminal trial.
The Board will consider the circumstances of your arrest and determine whether further action is required. Although the chances of board discipline may be lower if you're acquitted, the Board reserves the right to sanction you if they believe your conduct reflects poorly on you or the nursing profession. The Board may also discipline you if they find your behavior leading up to the arrest had the potential to harm a patient.
If you are convicted, you must also report the conviction to the Board in writing within ten days of your conviction date. We strongly suggest reaching out to our Professional License Defense Team as soon as possible after your arrest. The Board will use your written summary of the circumstances surrounding your arrest as evidence during the disciplinary process. We can help you write the summary without unwittingly exposing yourself to further discipline.
Arizona Bars Convicted Felons from Holding Nursing Licenses
DUI can be charged as a felony under certain circumstances in Arizona. This offense is known as aggravated DUI. Examples of aggravated DUI felonies include, but are not limited to, the following:
- Conviction for DUI while driving with a suspended license
- Conviction for a third DUI in seven years
- Conviction for DUI with a minor under 15 in the vehicle
- Conviction for DUI while driving on the wrong side of the road
The criminal penalties for felony DUI are increased, and so are the consequences for your nursing license. Convicted felons are barred from holding nursing licenses in Arizona. That means your nursing license will automatically be suspended if you're convicted of felony DUI in Arizona.
Consequences of Arizona Nursing License Discipline
The Arizona State Board of Nursing is a public agency, which means, by extension, that the license status of all the state's nurses is a matter of public record. That also means any sanctions the Board puts on your license will follow you throughout the remainder of your nursing career. If the board suspends your license, you must wait five years from the date of the revocation before you can apply to have your license reinstated.
Whether your license will be reinstated and on what terms is up to the Board. They can deny your reinstatement outright or set various requirements you must satisfy before having your license reinstated. If your suspension was related to a DUI arrest or conviction, there is a strong possibility the Board will order you to submit to a Board Ordered Evaluation.
This evaluation will be conducted by a licensed or otherwise qualified professional and could include drug screening and/or psychological evaluations. The evaluator will then forward their conclusions to the Board, which retains the ultimate decision-making authority regarding your license. The many negative potential impact(s) of an adverse Board ruling underscores why who you choose to defend your Arizona nursing license is such an important decision.
Arizona is a Nurse Licensure Compact State
Arizona is part of the Nurse Licensure Compact, which is a deal that allows Arizona nursing licensees to practice in any other participating nursing licensure compact state. The advantage for licensees is that it gives them the flexibility to practice in multiple states without having to obtain multiple licenses.
However, it also means that state Board sanctions in Arizona are honored by all participating licensure compact states. So, if the Arizona Board suspends your license because of your DUI conviction or arrest, you won't be able to practice anywhere until the suspension is lifted. Currently, the Nurse Licensure Compact includes 41 states and two U.S. territories.
It is also very likely that the licensing agencies or state nursing boards in non-compact states have application procedures that include criminal background checks. You will almost certainly be required to disclose any prior arrests or convictions on your license application. That's why having our Professional License Defense Team on your side is so important. We're not fighting for your license; we're fighting for your career.
How The Lento Law Firm Can Help
Our Professional License Defense Team has successfully defended licensees from board sanctions all over the country. We will put that experience to work and make the strongest case possible for why you should be allowed to continue practicing. Our team will work tirelessly to find any evidence of extenuating circumstances in your case and present it to the Board.
We will also keep track of all the relevant dates in your case. You won't have to worry about filing deadlines getting missed because you're preoccupied with the criminal aspect of your DUI case.
Arizona Alternative To Discipline Program for Nurses
One of the most important things we can do for our clients is search for alternatives to the harshest punishments. One potential option we can explore for Arizona nurses is the Alternative to Discipline (ATD) program.
This is Arizona's private, “non-disciplinary” program for licensed nurses with certain substance abuse issues. Under the ATD, you would submit to a program set forth by the Board in exchange for being able to keep your license and continue practicing. If your DUI arrest was related to substance abuse, ATD is a potential option we can explore.
If you qualify for ATD and then satisfy the conditions set by the board, you may be able to restore your license to full status. More importantly, you can continue practicing, albeit under monitoring, and there will be no public indication that you are unsafe or unfit to practice.
The typical length of the probationary period during an ATD program is 36 months, although it could be less. Depending on the circumstances of your case, the board may institute a range of additional requirements for successful completion of your ATD program. Examples of these requirements may include, but not be limited to, the following:
- Mandatory substance abuse treatment (may include mental or physical evaluations and treatment deemed necessary due to evaluation results)
- Mandatory attendance in Alcoholic Anonymous or Narcotics Anonymous meetings
- Required abstention from drugs and/or alcohol
- Submission to random drug testing program
Voluntary Surrender Agreement
If you don't qualify for ATD, we can also explore the possibility of a Voluntary Surrender Agreement. This is an arrangement where you would voluntarily surrender your license for an agreed-upon period and be required to meet conditions set out by the Board. Once that period has expired and you've satisfied the conditions, you will be eligible to re-apply for your license. This solution is not available in every case, but it's an option we can explore for you.
Why A Criminal Defense Lawyer May Not Be The Best Option For License Defense
Although the Arizona State Board of Nursing hearing and your criminal trial are both legal proceedings, it may not serve your interests to have your criminal lawyer represent you at your Board hearing. That's because professional license defense and criminal defense are two separate areas of law.
If your criminal defense attorney doesn't have experience with professional license defense, you could be taking an unnecessary risk by letting them handle both cases at once. When your freedom and ability to earn a living are on the line, doesn't it make sense to give yourself the best possible chance at maintaining them both? A one-size-fits-all approach may not yield the desired result.
A DUI Arrest or Conviction Doesn't Have to End Your Nursing Career
Getting your Arizona nursing license was probably one of the proudest days of your life. Getting arrested for DUI was probably one of the scariest because you know the potential consequences. Regardless of the outcome of your criminal case, you will probably have to fight to keep your nursing license. The good news is you don't have to fight alone.
The Lento Law Firm Professional License Defense Team is here to help you win the battle for your professional reputation. We'll mount the strongest possible defense of the license you worked so hard for. Our team will never stop advocating for you, and we'll keep you fully informed throughout the process. We care for our clients like family. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online today!
