As a nurse in Delaware, you have dedicated your career to helping others. Between the years and money invested in going to nursing school, hundreds of hours of practical experience, and sitting for the NCLEX exam, the simple act of qualifying for licensure has proven your commitment to your career. However, life can be unpredictable, and one mistake—such as a DUI charge—can jeopardize not only your freedom but also your professional nursing license. How will this impact your career? What actions must you take to comply with the Delaware State Board of Nursing's requirements? Will you lose your license?
These concerns are valid, and you're not alone in feeling overwhelmed. The Delaware State Board of Nursing takes DUI cases very seriously, as driving under the influence raises concerns about a nurse's judgment, professionalism, and ability to safely care for patients. Even a first offense can result in significant scrutiny—and potentially, serious repercussions for your license, up to and including suspension or revocation. Navigating these challenges requires an experienced professional license defense attorney who understands the unique issues nurses face in these situations. The Professional License Defense Team at the Lento Law Firm has helped many nurses like you minimize the impact of DUIs on their careers and preserve their ability to practice. To schedule a consultation, call us at 888-535-3686 or reach out via our online contact form.
Before exploring licensing implications, it's important to understand what constitutes DUI in Delaware and the penalties that may follow.
What Is DUI in Delaware?
Driving Under the Influence (DUI) in Delaware occurs when you operate a vehicle while impaired by alcohol or drugs. A typical driver is considered over the legal limit if their Blood Alcohol Content (BAC) is 0.08% or higher. For commercial vehicle operators, the legal limit is 0.04%. Delaware also has a zero-tolerance policy toward drivers under age 21. For these younger drivers, any amount of detectable alcohol in the bloodstream can lead to DUI charges.
Legal limits aside, a lower BAC may still lead to charges if law enforcement believes your ability to drive is impaired. "Impairment" could also stem from less measurable substances like illegal drugs, prescription medications, or over-the-counter substances that affect your ability to safely operate a motor vehicle.
Penalties for a DUI Conviction
Penalties for DUI in Delaware vary depending on whether the offense is your first or if you have prior convictions. These penalties can have long-lasting effects on your personal and professional life.
Key aspects of Delaware DUI laws include:
Penalties for a First Offense:
- Fine: Up to $1,150.
- License Suspension: 12–24 months.
- Possible ignition interlock device requirement.
- Possible jail time (up to 12 months).
- Completion of a drug or alcohol education program.
Penalties for Repeat Offenses:
- Increased fines (up to $15,000)
- Mandatory jail time.
- Longer license suspensions.
- Requirement of an ignition interlock device.
Aggravated circumstances that can enhance these penalties:
- Higher penalties for a BAC of 0.15% or more.
- Severe penalties for DUI-related accidents causing injury or death.
Implied Consent
Delaware operates under implied consent laws, meaning that drivers automatically consent to chemical testing (e.g., breath, blood, urine) by operating a vehicle. Refusal to test results in penalties such as license revocation.
How DUI Affects Your Nursing License in Delaware
For nurses, these criminal penalties are just one part of the concern. Even if a DUI results in minimal or no criminal consequences, the professional repercussions can be severe.
Nurses in Delaware hold positions of trust. The Delaware State Board of Nursing is responsible for ensuring that each licensee upholds the highest standards of professionalism. A DUI conviction can raise red flags that result in board action, from license suspension to permanent revocation. Here's what you need to know about the potential connection between a DUI and your nursing licensure.
The Board's Perspective on DUIs
The Delaware State Board of Nursing considers DUI a serious matter because it brings into question a nurse's moral character, judgment, and fitness to perform safely in a clinical environment. A single DUI conviction may result in probation or required enrollment in a rehabilitation program, while multiple convictions increase the likelihood of harsher disciplinary measures.
Disciplinary actions for nurses with DUIs can include:
- Formal reprimand added to your nursing file
- Fines and requirements to pay for administrative costs
- License suspension or restrictions (e.g., working under supervision only)
- Mandatory monitoring or substance abuse evaluations
- Permanent revocation of your license, especially for repeat offenders
Self-Reporting Requirements
One of the most crucial obligations for nurses in Delaware is the duty to self-report criminal charges—including DUI arrests, indictments, and convictions. According to Board regulations, nurses must report these within 30 days. Failing to self-report can result in additional disciplinary action, including sanctions for dishonesty during investigations.
Even if the DUI charges are dropped or you enter a diversionary program, you must still report the incident. The Board often discovers these matters independently through criminal background checks or court reports, and failing to disclose the situation yourself can damage your credibility.
Impact of Non-Disclosure
A nurse's failure to self-report a DUI could be interpreted as willful misconduct or an attempt to conceal important information. This could lead to harsher disciplinary outcomes, including an accelerated investigation or even automatic suspension of your license. Transparency is key when navigating these difficult situations.
Diversionary Programs
For nurses who complete a diversionary or first-offense program that leads to the dismissal of charges, the requirement to report the incident remains. While this offers an opportunity to avoid conviction, it does not eliminate the professional responsibility to provide full disclosure to the Board.
Fortunately, Delaware offers resources to support professionals facing issues related to substance use, which can serve as mitigating factors during board proceedings.
Help for Nurses with Addiction in Delaware
Despite the threats to your licensure with DUI, the state of Delaware recognizes that addiction is a treatable condition and offers alternative pathways to help nurses continue their careers.
The Delaware Professionals Health Monitoring Program (DPHMP) is a diversionary program available as an alternative to losing one's license due to substance abuse, addiction-related concerns, or mental health issues. Through this program, nurses can receive treatment, monitoring, and support to manage their recovery, ensuring patient safety and professional accountability at the same time.
If the State Board of Nursing determines that a DUI occurred due to an underlying substance abuse issue, it may recommend participation in the DPHMP as a requisite to keeping your nursing license. Nurses who have not been brought up on disciplinary charges can also enter the program confidentially before their addiction causes a DUI or other licensing issues.
Eligibility requirements vary, and enrollment is often contingent on Board directives. If you're navigating disciplinary actions and believe this program could benefit you, The Lento Law Firm's Professional License Defense Team can help advocate for this option on your behalf.
Addressing Common Questions
If you're a nurse facing DUI charges or consequences, you may have specific questions about your obligations and your potential future in the profession. Here are answers to some of the most frequently posed concerns:
Do I have to report a DUI arrest to the Board of Nursing if the charges are dropped?
Yes. Even if criminal charges are later dismissed, you are required to report any arrest, indictment, or charge within 30 days. Failing to do so could result in disciplinary action, even if the arrest itself does not lead to a conviction.
Do I have to report DUI charges if I'm enrolled in a diversionary program to have the charges dropped?
Yes. Completing a diversionary program that leads to a dismissal of charges must still be reported. The Board views your transparency as a reflection of your integrity and professionalism.
What if I believe the DUI won't come to the Board's attention?
It's a mistake to assume the Board won't find out. Criminal charges often surface during routine background checks or through mandatory court notifications. Failing to self-report signals dishonesty, which aggravates the situation.
Why You Need a Professional License Defense Attorney
For nurses in Delaware, facing DUI charges can quickly escalate from a legal issue to a professional crisis. The criminal proceedings are only one piece of a larger and more complicated puzzle. Since you'll likely be dealing with the criminal charges first, it may seem like a natural next step to have the attorney who is defending you in court to also defend you against any threats to your professional license. However, license defense is a different animal than criminal defense, and many criminal defense attorneys may lack the experience or knowledge of the law to represent you effectively before the State Board of Nursing or in a formal hearing. This gap in representation can be critical, as the repercussions to your career often weigh heavier than the penalties imposed through the criminal system.
The Board of Nursing in Delaware approaches DUI matters with intense scrutiny, operating under its own unique procedures and standards. Unlike criminal court, where guilt must be proven "beyond a reasonable doubt," the Board uses a much lower standard of proof called "preponderance of the evidence." This means the Board can decide against you based on a belief that it is more likely than not that a violation occurred. Consequently, even if your DUI case doesn't result in a conviction, you could still face disciplinary action from the Board. And if your case does lead to a conviction, the likelihood of severe consequences for your license increases significantly. Without the right legal advocate by your side, these challenges can grow more overwhelming, potentially jeopardizing your ability to continue practicing as a nurse.
To effectively address these dual challenges, it's crucial to have legal support on both fronts. You'll need a criminal defense attorney to contest the DUI charges in court, but just as importantly, you require a professional license defense attorney with specific experience representing nurses before the Board of Nursing. This two-pronged approach can give you the strongest chance of protecting both your record and your career.
How the Lento Law Firm Can Assist
The Professional License Defense Team at the Lento Law Firm is highly experienced in representing nurses across the country who encounter licensing issues following DUI charges. Our team understands the critical intersection of legal and professional concerns that these cases involve and delivers a strategic, tailored defense to address them.
We work diligently to mitigate potential disciplinary actions from the Delaware State Board of Nursing. That includes negotiating with the Board on your behalf, ensuring that you meet self-reporting requirements in a timely and accurate manner, and supporting you through any rehabilitative or monitoring programs they prescribe. Throughout this process, our objective is to protect your nursing license and help you move forward in your career with as few obstacles as possible.
If you're a nurse in Delaware dealing with DUI-related allegations, don't try to tackle these challenges on your own. Seek out the assistance of experienced professionals who have handled cases like yours successfully. Reach out to the Lento Law Firm today by calling 888-535-3686 or completing our online contact form to get the focused, comprehensive help you deserve.
