Very few things can disrupt your life more quickly than being arrested for Driving Under the Influence (DUI). One moment you're driving, and the next, you're looking up bail bondsmen and criminal defense lawyers. If you have a nursing license in the state of Nebraska, the situation becomes even more complicated. A DUI arrest or conviction could lead to disciplinary action by the Nebraska Board of Nursing, potentially affecting your hard-earned nursing license and career.
The Nebraska Board of Nursing expects its licensees to uphold high professional standards, and a DUI arrest or conviction could jeopardize your ability to practice. Protect your nursing license by seeking professional guidance to navigate this challenging situation.
If you're a licensed nurse who has been arrested or convicted of DUI in Nebraska, the Lento Law Firm's Professional License Defense Team is ready to defend your nursing license and your reputation. Don't let your DUI cost you your ability to earn a living. Call us today at 888-535-3686 or contact us online to learn how we can help.
Defining DUI in Nebraska
In Nebraska, “Driving Under the Influence” (DUI) is legally defined as operating or being in actual physical control of a motor vehicle under any of the following conditions:
- Under the Influence of Alcohol or Drugs: Operating a vehicle while impaired by alcoholic liquor or any drug to a degree that impairs the driver's ability to operate the vehicle safely.
- Blood Alcohol Concentration (BAC) of 0.08% or Higher: Having a BAC of 0.08 grams or more of alcohol per 100 milliliters of blood or per 210 liters of breath.
- Combination of Alcohol and Drugs: Being under the combined influence of alcoholic liquor and any drug, leading to impairment.
It's important to note that Nebraska's DUI laws apply not only to alcohol but also to impairing drugs, including prescription medications that affect driving abilities. Additionally, Nebraska enforces an “implied consent” law, meaning that by operating a vehicle, drivers consent to chemical tests (blood, breath, or urine) if suspected of DUI. Refusal to submit to such tests can result in penalties including the revocation of your driver's license.
Penalties for DUI offenses in Nebraska vary based on factors such as prior offenses and BAC levels, with enhanced penalties for higher BACs or multiple offenses, but any DUI offense is enough to jeopardize your nursing license in the state.
The Nebraska Board of Nursing's Role
The Nebraska Board of Nursing is responsible for licensing and regulating the state's nurses. This includes taking disciplinary actions against licensees whose behavior jeopardizes public health and safety, such as DUI-related arrests or convictions. Disciplinary actions enforced for a DUI include sanctions ranging from fines to suspension—or even revocation of your license.
In Nebraska, nurses are required to self-report certain arrests, charges, or convictions that may threaten public health or impact their ability to practice safely. A DUI is one such conviction. Failing to self-report a DUI is a separate violation that can result in additional penalties, so it's essential to handle this process carefully and correctly. This is why it's important to contact the Lento Law Firm's Professional License Defense Team as soon as you are charged with Driving Under the Influence.
Questions About Self-Reporting in Nebraska
Nebraska's nursing regulations mandate that you self-report any criminal actions that may adversely impact your ability to practice. However, the circumstances under which self-reporting is required can be complex. For example, if you are stopped on suspicion of DUI but not arrested, self-reporting may not be necessary. Conversely, if you are arrested for DUI but plead to a lesser charge, such as reckless driving, you may still need to self-report.
Each case is unique, and missteps in the self-reporting process can have serious consequences. The Lento Law Firm's Professional License Defense Team can help clarify your obligations and protect your license.
What if the DUI Occurred Out of State?
It doesn't matter where your DUI occurred. It can still affect your Nebraska nursing license. When you're faced with a DUI, the Nebraska Board of Nursing may investigate the incident to determine if it reflects negatively on your professional behavior, judgment, or fitness to practice.
The Board will look at factors like the severity of the offense (including factors like excessively high blood alcohol content and whether or not the incident resulted in injuries or endangerment), whether it was a first-time DUI or a repeated offense, and other evidence when making their decisions.
Nursing License Suspension vs. Revocation
Having your nursing license suspended means you will no longer be able to practice nursing in the state of Nebraska. However, suspensions generally come with a clear path to reinstate the good standing of your license. This could include mandatory education or training, the completion of a substance abuse program, or other requirements as mandated by the board.
While a license suspension is a serious consequence of violating the terms of your license, at least there is a clear path back from it. Should your license be revoked, things become much more difficult. However, it is not impossible to return to nursing after having a license revoked. But it's certainly not easy.
Nebraska is a Nurse Licensure Compact State
Additionally, Nebraska is a member of the Nurse Licensure Compact (NLC). The NLC offers significant benefits and helps to address nursing shortages by enabling licensed nurses to practice across state lines without the need for multiple licenses. There are currently 41 states and several U.S. territories that are members of the NLC.
However, this means that if a DUI affected your nursing license in another NLC state, it would also affect your license in Nebraska. Conversely, disciplinary actions in Nebraska could affect your ability to practice in other NLC states. Therefore, the suspension of your Nebraska nursing license could have far-reaching consequences, especially if you intend to practice in other states.
Understanding the interconnected nature of licensure through the NLC highlights the importance of maintaining compliance with professional and legal standards in your home state to safeguard your ability to practice nationwide.
If a DUI or DWI charge has impacted your ability to practice nursing in any NLC state, contact the Lento Law Firm's Professional License Defense Team. We can help formulate a strategy to protect your nursing license—and your ability to work—regardless of where the infraction took place.
License Discipline Becomes Public Record in Nebraska
The Nebraska Board of Nursing participates in NURSYS, a national database that provides real-time online access to nurse license statuses. NURSYS not only shows whether your license is active or inactive but also includes a history of any sanctions or disciplinary actions taken against your license.
One critical reason to contest license discipline is that it can follow you for the rest of your nursing career. For example, if the Nebraska Board of Nursing suspends your license for two years, the record of that suspension remains public even after the suspension is served and your license is reinstated. This means that whenever you apply for nursing positions, even in non-Nurse Licensure Compact states, potential employers will likely discover the sanctions during routine background checks.
Patient safety is a top priority for every healthcare system, whether public or private. A DUI conviction could be seen as a threat to that safety as it can be interpreted as demonstrating extremely poor decision-making on the nurse's part. If the Board suspends your license as a consequence of a DUI, it can have long-lasting consequences on your career. Don't leave that to chance. Get the Lento Law Firm's Professional License Defense Team to help your cause.
Alternative-to-Discipline Programs
Nebraska recognizes the stresses of the nursing profession and offers support for nurses struggling with addiction. Nurses facing substance use disorders have access to Alternative-to-Discipline (ATD) programs, which are designed to provide support and rehabilitation while ensuring public safety. These programs offer a confidential and non-punitive approach, allowing nurses to seek help without immediate disciplinary action.
Participation in an ATD program or programs may be mandated by the court or undertaken voluntarily. Nurses who voluntarily participate in ATD programs to receive assistance for substance use issues while maintaining confidentiality throughout the process.
The primary goal of these programs is to help nurses recover and return to safe practice through structured monitoring and support. By promoting early identification and treatment, ATD programs enhance public protection by ensuring that nurses can practice safely.
Court-mandated participation in an ATD program may include monitoring, regular drug or alcohol testing, and requiring regular progress reports be made to the Board.
While these programs can be helpful, navigating their requirements can be complex. To give yourself the best chances of retaining your nursing license after completing an ATD program, it's best to work with professional legal assistance like the Lento Law Firm's Professional License Defense Team. We'll make sure your paperwork is completed on time and kept up to date, so your hard work doesn't get wasted by a technicality.
Why Professional License Defense Matters
Getting your nursing license in Nebraska is a significant achievement, representing years of hard work and dedication. However, all the hours you spent studying, all the money you invested in your education, and all the work you put into building your career could all be placed in jeopardy by an arrest or conviction for DUI. That's why it's crucial to have representation that will defend your nursing license before the Nebraska Board of Nursing as skillfully as your criminal defense attorney defends you in your DUI case.
While it might seem convenient to have your criminal lawyer handle your license defense as well, it's not always the best choice. Professional license defense is a specialized area of law that is distinct from criminal defense. The standards of evidence differ significantly—criminal guilt must be proven beyond a reasonable doubt. In a license defense case, the Board only needs to establish a preponderance of the evidence to determine you violated Nebraska's nursing regulations and to suspend or revoke your license as a result.
Successfully navigating a disciplinary hearing before the Nebraska Board of Nursing requires in-depth knowledge and experience with professional licensing laws. The stakes are high, as sanctions could range from probation to suspension or even outright revocation of your license. And remember—losing your nursing license in Nebraska means losing your ability to work in other NLC states as well.
The Lento Law Firm's Professional License Defense Team has extensive experience in defending professional licenses, and we have a proven track record of protecting nurses from Board sanctions in Nebraska and other states.
Faced with DUI in Nebraska? Protect Your Career
A DUI arrest or conviction doesn't have to mean the end of your nursing career. By taking swift and strategic action, you can protect your license and move forward with your life. If you're a Nebraska nurse facing DUI-related issues, don't wait. Seek experienced legal counsel to guide you through this challenging time.
Nebraska is home to some excellent healthcare systems that are renowned for their patient care. Whether you're working for Nebraska Medicine, CHI Health, the Methodist Health System, Children's Nebraska, or one of the cornhusker state's many other exceptional healthcare systems, don't let your career get derailed by DUI charges. If you've been arrested or convicted of a DUI in Nebraska, the Lento Law Firm's Professional License Defense Team can defend your license, your reputation, and your career. Call us today at 888-535-3686 or contact us online to schedule your confidential consultation and learn how we can help.
