If you are a nurse and are pulled over for suspected drunken driving and are convicted or pled guilty to driving under the Influence (DUI), you might be inclined to try to forget about it and move on with your life. Unfortunately, this can be a grave mistake when it comes to your nursing license. Nursing rules in many states require nurses to report certain types of criminal convictions to the licensing body, such as the Board of Nursing, in that state. By failing to report a conviction or a guilty plea to a DUI charge, you may be violating one of the requirements for your license, and could be sanctioned as a result.
That's why if you have been convicted of a DUI or have pled guilty to a DUI charge, you need the help of an experienced professional licensed defense attorney. The Lento Law Firm is here to help you protect your license and your livelihood after a criminal conviction, such as a DUI. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys.
A DUI Conviction is a Criminal Conviction
In every state in the country, a conviction of driving under the influence is a criminal one. DUI charges come with the possibility of jail or prison time, though in many cases, the guilty party receives a significantly lesser sentence. Despite that fact, because any conviction of a DUI is a criminal one, you need to take it seriously, especially when it comes to your obligations as a licensed nurse.
Take New York State, for example. The state's Department of Motor Vehicles makes it clear on its website that driving while intoxicated is a crime. Depending on the situation and the amount of alcohol in your system, you can face jail time of anywhere from one to seven years if you are convicted of a DUI. In Texas, depending on the conviction, you could be jailed for anywhere between 180 days and 10 years for driving under the influence. In California, a DUI conviction can land you in jail for up to 6 months, longer (up to 3 years) if you have prior DUIs and are convicted of a felony DUI.
Nurses Are Required to Report Many Types of Criminal Convictions to Their Licensing Board
Every state requires licensed nurses to report certain types of criminal convictions to their licensing body. In most states, the licensing body is the Board of Nursing, but in some states, another entity is responsible for licensing and disciplining nurses. As a licensed nurse, it is important to understand what your obligations are in connection with every state license that you hold. These include your obligations to report criminal convictions to the licensing boards of every state where your license is active. Depending on the state, your failure to report a DUI conviction to your licensing board could result in disciplinary action against you for failing to meet your reporting obligation.
Separate and apart from that, once you do file a report of a criminal conviction, your licensing board may choose to take disciplinary action against you. The steps involved in a disciplinary proceeding may vary somewhat depending on the state, but you can generally expect that there will be some sort of Investigation into the circumstances of your DUI, and that formal charges with suggested sanctions may then be filed against you.
If you have been convicted of a DUI, or have pled guilty to a DUI, it is important that you understand what your obligation is to report that conviction to the nurse licensing bodies in each state where you hold a license. The Lento Law Firm's Professional License Defense Team can help you understand and meet your reporting obligations. We can also help you defend yourself against charges brought by your licensing body that may result from your reporting. If you have failed to report a DUI conviction to your licensing board and are being disciplined for that, the Lento Law Firm can also help you defend yourself and protect your license.
What Does a DUI Have to Do With My Nursing License?
You may wonder why you may be required to report misdemeanor convictions such as DUIs to the Boards of Nursing and other licensing bodies where you hold a nursing license. How does a DUI that happened on your own time have anything to do with the quality of care that you provide to patients while at work?
Almost all states have disciplinary rules that apply to licensed professions, including nursing, that require licensed professionals to report certain types of criminal convictions. Because DUI convictions are criminal in nature, you may be required to report them, just as you would any other kind of criminal conviction. One rationale that is used by licensing bodies is that criminal convictions reflect on the integrity of the person who was convicted, and therefore, relate to the license itself. Indeed, many states require criminal background checks before an initial license is issued, and some states also require additional criminal background checks for licenses that are renewed or that have been inactive for a certain period of time and are then revived by the nurse.
The rules relating to whether you must report every conviction vary from state to state. This can make it dangerous if you hold a license in one state with more lenient reporting requirements, and also hold one or more licenses in states with strict reporting requirements.
Take Illinois, for example. The state's Department of Financial and Professional Regulation notes that, while a DUI conviction will not automatically disqualify an applicant from receiving a professional license such as a nursing license, it is something that must be disclosed as part of the application process and that the DFPR will take into consideration when deciding whether or not to issue the license. While Illinois's Nurse Practice Act does not specifically require nurses to report DUI misdemeanor convictions, nurses can be disciplined for failing to report felony convictions, as well as for “excessive use” of alcohol or other substances that could impair the nurses' ability to practice.
Massachusetts, on the other hand, requires nurses to report any criminal conviction, which would include DUI convictions, known in Massachusetts as “OUI” convictions. And many states require nurses who are renewing their licenses to report criminal convictions of any type.
What's important to keep in mind is that if you hold a nursing license in more than one state, you can't assume that your home state's requirements with respect to reporting DUI convictions apply in the same way in every other state in which you hold a license. This is why it is important to understand the different requirements that apply to your nursing license in every state where you hold one.
If you have been convicted of a DUI, or have pled guilty to a DUI, and hold a nursing license in more than one state, the Lento Law Firm's Professional License Defense Team can help you make sure you meet your reporting obligations for each and every state in which you hold a license. We can also counsel you about when it may make sense to report a DUI conviction even if one state does not require you to do so. These can be difficult decisions to make, and working with one of the experienced attorneys from the Lento Law Firm can help you make sure that you meet your license obligations in every state in which you currently hold one and have the best chance of keeping your license if you've been convicted of or pled guilty to a DUI charge.
Will My Nursing Board Find Out About My DUI if I Don't Report It?
Whether or not you are required to report DUIs to any nursing board where you hold a license, you may wonder whether your board will find out about your DUI conviction or guilty plea if you simply don't report it. It's important to understand that there are a couple of ways that this information can find its way to your nursing board even if you don't report it yourself.
First, local courts or law enforcement may, as a routine matter, make reports of convictions available to state licensing bodies. You don't necessarily know when that may happen, however, but it is a possibility.
Another possibility is that a member of the public could learn about your conviction and file a report or a complaint with the nurse licensing body in your state. DUI convictions are frequently publicized on local news websites or even by local TV or radio stations. Every state has an online or email process that allows anybody to file a complaint against a nurse or other licensed health care professional. These complaints don't necessarily have to relate to the practice of nursing, and if someone holds a grudge against you or simply believes that it is their business to report nurses who have been convicted of DUIs to their state's BON, the information about your conviction could find its way to your licensing body.
This is one reason why it is often a very good idea to report a DUI conviction yourself, rather than waiting for someone else to do so – even if you're not required to do so. Because each state's nurse licensing board can have differing requirements when it comes to reporting DUIs, it is best to consult with an experienced professional licensed defense attorney before making the decision to file or not to file a report. At the Lento Law Firm, our attorneys understand the different rules and requirements that apply to nursing licenses in states across the US. We are here to help and advise you when you have questions about how best to maintain your license and how to follow the requirements of your particular state or states where you hold a nursing license.
What Happens If I Report My DUI, or if Someone Else Reports My DUI?
Each state has its own process for investigating and evaluating whether to discipline a nurse who has been convicted of a DUI or accused of nursing misconduct. That said, most states follow similar procedures when a complaint is made against a nurse or when a nurse self-reports a criminal conviction. These steps typically include the following:
- Investigation. Assuming the complaint or the self-reporting relates to conduct that the licensing body regulates, there will be an investigation opened into the matter. The nurse is likely to be interviewed by an investigator appointed by the licensing body, and the investigator will prepare a report based on that interview as well as any other interviews that they may conduct as part of the investigation. They may also, in the case of a DUI conviction, collect and review the court papers that relate to the charge and the conviction or guilty plea.
- Dismissal or formal charges. The licensing body will review the report prepared by the investigator and will make a decision on whether or not to bring formal charges against you. In states where there is no general requirement to report a DUI or first-offense DUI, the board may take no action following the receipt of the report from the investigator. In other states, the board may file formal charges against you which may include a proposed sanction. The severity of that sanction will generally be up to the board and can vary widely depending on the circumstances.
- Negotiation. You will have an opportunity to review and respond to the formal complaint. You may also have an opportunity to negotiate with the board to resolve the charges by way of an agreement. This is where working with an experienced professional licensed defense attorney can make a tremendous difference in the outcome. At the Lento Law Firm, our attorneys understand the rules that apply in nurse disciplinary cases in all jurisdictions in the United States. We regularly defend nurses accused of all types of misconduct and will use our experience to negotiate with your licensing body to achieve the best outcome for you with the least impact on your license, your ability to practice nursing, and your future.
- Hearing. Most nurse disciplinary matters resolve themselves without a hearing. That goes for ones related to the nurse's DUI conviction. But when that is not possible, matters will proceed to a hearing that will include testimony from witnesses and the introduction of written and other types of evidence. At the close of the hearing, there will typically be a written decision that will either be in your favor or against you. If it is against you, it will often state the sanctions that are going to be imposed against you. The experienced attorneys from the Lento Law Firm's Professional License Defense Team know what it takes to effectively defend nurses in their disciplinary hearings. We will fight to protect your rights and to preserve your license and your career.
- Appeal. You will have a chance to appeal any decision that goes against you. The grounds for these kinds of appeals may be rather limited, and your professional license defense attorney will be able to advise you whether an appeal makes sense if the result of your hearing is not in your favor.
The Lento Law Firm Can Help You Protect Your License After a DUI
If you are a nurse who has been convicted of or pleaded guilty to a DUI charge, contact the Lento Law Firm's Professional License Defense Team for help. Our experienced attorneys understand the rules and regulations that apply to nurses who have been in your shoes in states all across the US. We will make sure that you meet your reporting obligations, if any, in each state in which you were licensed. When it's necessary or advisable for you to report your conviction, we will help you do so, and if any state in which you are licensed decides to proceed against you with a disciplinary proceeding, we will be able to defend you and help you protect your license. We regularly defend nurses in all types of disciplinary proceedings, including ones based on DUI and other criminal convictions that are unrelated to the nurse's work and are ready to fight to protect your license.
To learn more about how the Lento Law Firm can help you protect your nursing license and your future, call us today at 888.535.3686 or use our contact form to set up a confidential consultation with one of our experienced professional license defense attorneys. Your nursing license is your key to your career and your future. Let us help you protect it.
