No one wants to be pulled over or confronted under suspicion of driving under the influence (DUI) or driving while intoxicated (DWI). From the police sirens and the rapid beating of your heart to field sobriety and blood alcohol content tests, it is overwhelming to face law enforcement under the threat of an arrest or charge.
Criminal and Licensure Implications of a DUI or DWI in Utah
If convicted of a DUI in Utah, possible sanctions include jail time, fines, license suspension or revocation, and installation of an ignition interlock device.
For nurses, the stakes can be even higher because they may face both a possible criminal prosecution and a professional conduct inquiry that leads to the loss of their nursing license. If your nursing license is suspended or revoked, you lose your ability to provide for your family and work in your chosen profession.
The Lento Law Firm understands your role in delivering quality and compassionate medical care to patients. As a nurse, your efforts are foundational to healthcare in Utah. From Salt Lake City and Provo to Moab and Park City, patients need your knowledge and clinical expertise.
If you are a nurse involved in a DUI or DWI-related incident and you are concerned about your license, we can help. Regardless of the circumstances, our experienced attorneys can fight to protect you and your nursing license. Call our experienced Professional License Defense Team at 888-535-3686 or contact us online.
Nurse Licensure in Utah and the Division of Professional Licensing
Across Utah, nurses provide critical medical treatment and care to patients within a healthcare system suffering from an acute shortage of healthcare professionals, the rising costs of pharmaceuticals, and increasingly limited resources. Whether you treat patients in a hospital, medical office, or other healthcare facility, you stand on the front line, committed to your patients, their health, and their welfare.
Utah's Division of Professional Licensing (DOPL) is responsible for issuing and renewing professional licenses and upholding and enforcing the standards of professional responsibility in over 60 occupations, including nursing. DOPL's authority includes the enforcement of the DOPL Licensing Act, the Utah Nurse Practice Act, and the General Rule of the Division of Occupational and Professional Licensing.
In Utah and across the country, nurses and other licensed medical professionals face heightened scrutiny of their use of alcohol and drugs. Nurses make critical healthcare decisions for vulnerable patients based on their training, experience, and judgment. Professional standards of conduct demand that their decision-making ability should be unimpeded by alcohol or other substances.
The Lento Law Firm Profession License Defense Team can help nurses across Utah navigate professional disciplinary matters. We defend the licenses of nurses who work in small medical offices and the largest hospital in the state, including:
- University of Utah Hospital in Salt Lake City
- Intermountain Medical Center in Murray
- Utah Valley Hospital in Provo
- McKay-Dee Hospital in Ogden
- St. Mark's Hospital in Salt Lake City
- St. George Regional Hospital in St. George
- LDS Hospital in Salt Lake City
- Ogden Regional Medical Center in Ogden
- Holy Cross Hospital - Davis in Layton
- Holy Cross Hospital - Jordan Valley in West Jordan
You don't have to face a DOPL investigation or hearing alone. The Lento Law Firm can fight on your behalf to protect your nursing license.
The Impact of DUI or DWI Incidents on Your Utah Nursing License
When a nurse is involved in a DUI or DWI-related incident, DOPL will likely initiate a disciplinary investigation to determine if the individual has violated the standards of professional conduct. Importantly, DOPL may investigate and discipline nurses for conduct that takes place outside of work and on their own time.
For a nurse or any other licensed medical provider, there can be additional professional sanctions arising from a DUI or DWI arrest or conviction. Your drug or alcohol use, even if it does not result in an arrest or conviction, could be considered unprofessional conduct.
In Utah, licensed nurses facing alcohol or drug-related charges may violate multiple professional standards. The DOPL Licensing Act includes in its definition of unprofessional conduct:
- Conduct that results in a conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere held in abeyance pending the completion of probation concerning a crime that relates to the licensee's ability to practice their profession.
- Conduct, including the use of intoxicants, drugs, narcotics, or similar chemicals, that may impair the licensee or applicant to safely perform the duties of the profession.
DOPL has the authority to investigate both criminal convictions and any conduct involving drug or alcohol use to the extent that it impairs judgment and your ability to safely practice nursing.
Because DOPL has significant authority over licensed nurses and substance abuse is considered a risk to public health and patient care, a nurse arrested or charged with DUI or DWI-related offenses must take action both to resolve the criminal matter and to protect their license.
To determine if an arrest, charge, or conviction violates Utah's professional conduct requirements, the DOPL reviews matters on a case-by-case basis. Licensed professionals or license applicants must report the following criminal actions:
- Any misdemeanor occurring in any jurisdiction or state during the last 10 years.
- Any felony occurring in any jurisdiction at any point in time.
- Any active or pending criminal action, including arrests.
DOPL has explicitly stated that a DWI, DUI, or similar crime involving operating a motor vehicle when impaired is not a minor traffic violation and should be reported.
Because DOPL considers every situation on an individualized basis, nurses facing a disciplinary investigation or hearing have an opportunity to provide context about their circumstances. The Lento Law Firm can help you prepare and organize your best license defense by analyzing the facts of your case, preparing you to give testimony, identifying and interviewing exonerating witnesses, and presenting other mitigating evidence to DOPL.
How Can the Lento Law Firm Protect My Nursing License?
As soon as you suspect that you have been implicated in a DUI or DWI-related incident, contact the experienced attorneys with the Lento Law Firm Professional License Defense Team. We can work with you to develop a comprehensive strategy to protect your license. The earlier we begin our work protecting your nursing license, the more comprehensive our defense strategy can be.
It can be overwhelming to learn that DOPL has launched a disciplinary investigation. By partnering with the Lento Law Firm, you gain an advocate who will fight tirelessly on your behalf and champion your best interests. Our experienced attorneys will establish a comprehensive license defense strategy, which may include:
- Preparing you for the DOPL investigation and hearing.
- Providing a complete explanation of DOPL's investigative and adjudication processes so that you have a thorough understanding of the allegations made against you.
- Analyzing the evidence surrounding your DUI or DWI case, including performing our own investigation, if needed, to identify mitigating evidence and favorable witnesses.
- Evaluating the DOPL's investigative actions to safeguard your rights.
- Discuss the terms of any offered consent agreements and other alternatives to formal disciplinary actions, such as referral to the Utah Professionals Health Program, with you.
- Representing you in DOPL negotiations and disciplinary hearings.
Your nursing license is too important to blindly trust DOPL. The most impartial investigator may miss vital exonerating facts or fail to interview all the relevant witnesses. Even with accurate evidence, a hearing officer may improperly dismiss mitigating factors or harshly question your judgment. Additionally, your employer cannot be counted on to come to your aid or protect your best interests. Hospitals and other healthcare facilities often focus on protecting themselves and their reputations, not nurses accused of misconduct.
You need the Lento Law Firm Professional License Defense Team to actively advocate for you and your license. We can develop and execute a comprehensive defense strategy aimed at upholding your due process rights, telling the story of your commitment to your patients, and protecting your nursing license. We can help you explain that your isolated involvement with a DUI or DWI does not demonstrate that your professional judgment has become compromised.
How are Allegations of Unprofessional Conduct Investigated and Adjudicated in Utah?
Although DOPL may resolve a professional misconduct allegation against you with a verbal or written warning, many cases involving DUI and DWI incidents result in a more formal investigation and hearing.
Investigation
The DOPL investigates by interviewing witnesses and collecting evidence. If the investigator feels like evidence of your involvement with a DWI, DUI, or related incident supports a possible finding that you have violated the terms of your license, DOPL will file a formal complaint against you.
Importantly, a DOPL inquiry into a DUI or DWI incident may expand into other matters if an investigator believes there is additional misconduct. If new problematic conduct is uncovered and it may involve unlawful activity, law enforcement agencies may become involved. There is always the possibility that one episode of possible unprofessional conduct may lead to an ever-expanding investigation.
Your complex professional licensure matters deserve careful attention. At the Lento Law Firm, our experienced attorneys will fight for your best interests and work to limit the scope of any DOPL investigation.
Consent Agreement
The DOPL may offer you a consent agreement as an alternative to a formal hearing. In most consent agreements, the accused nurse admits liability and agrees to take certain steps in exchange for maintaining your license. DOPL may require participation in the Utah Recovery Assistance Program as part of a consent agreement.
Consent agreements can provide an invaluable opportunity to resolve a licensure complaint involving the use of alcohol or drugs; however, you should be cautious in agreeing to the terms too quickly and without fully understanding the impact. The experienced License Defense Team at the Lento Law Firm can help ensure you fully understand the pros and cons of your consent agreement and fully realize the conditions you are agreeing to by signing.
Hearing
A DOPL hearing will include evidence, witness testimony, and legal arguments delivered to determine whether your conduct violated the law and, if so, what sanctions should be applied.
With the Lento Law Firm on your side, we can provide the type of wide view and be prepared for any direction the DOPL investigation may go.
What Are the Consequences if DOPL Finds a Nurse Guilty of Misconduct?
If the DOPL hearing ends with a finding that you are guilty of misconduct, you will be sanctioned. Sanctions may range from requirements that you complete additional continuing education to license suspension or revocation. You can lose your license as a result of a DUI or DWI-related conviction or because the DOPL believes your use of alcohol or drugs adversely impacts your judgment as a nurse.
Additionally, the collateral consequences of losing your nursing license can be devastating. You may lose your current employment and face limited future opportunities in healthcare. The lack of opportunities in your chosen profession may jeopardize your financial security.
The personal implications of an investigation and hearing can be catastrophic. The stigma of being sanctioned by DOPL can hurt your reputation and be long-lasting. Your physical and mental health may suffer, and your relationships may be placed under considerable stress.
You Don't Have to Fight for Your License Alone
At the Lento Law Firm, we understand that as a nurse your work is profoundly challenging and rewarding. You make quick decisions with far-reaching consequences in intense situations. And you need your nursing license to continue your work. If you are a nurse under investigation by Utah's DOPL because of a DWI, DUI, or related incident, the Lento Law Firm's Professional License Defense Team can partner with you to protect your license, your career, and your livelihood.
Across Utah, our experienced attorneys have helped nurses facing sanctions due to their alcohol and drug use and because of DUI and DWI-related arrests, charges, or convictions. We can help you too. Call the Lento Law Firm at 888-535-3686 or contact us online to discuss your case.
