If you're a nurse in Hawaii who's facing DUI charges—or if you've already been convicted of a DUI—you're likely worried about more than just the criminal penalties. Understandably, you're concerned about how this situation could affect your nursing license and, by extension, your livelihood. You've worked hard to build your career; you've invested time and money into your education, sat for the grueling NCLEX exam, and put in hundreds of hours gaining practical experience. Now, a single mistake might put everything you've achieved at risk.
Your concerns are not unfounded. The Hawaii Board of Nursing takes DUI/OVUII offenses very seriously, viewing them not just as legal infractions but also as potential risks to public safety. Having a conviction on one's criminal record, particularly a DUI, is often enough to disqualify a nurse seeking licensure from the Hawaii Board of Nursing. For nurses already licensed, it will likely result in an investigation and possible sanctions, which can range from fines to a full suspension or revocation of your license.
Because of the Hawaii Board of Nursing's strict stance on DUI, having a knowledgeable professional license defense attorney is critical to navigating the professional consequences and minimizing disciplinary actions. The attorney who defends you against criminal charges in court can theoretically represent you to the Board, as well--but without the proper knowledge of Hawaii's nursing regulations or experience with administrative hearings, they are not likely to be as effective as hiring a legal team with specific experience in this area of the law.
At the Lento Law Firm, we understand the emotional and professional toll this situation can take. Our Professional License Defense Team has nationwide experience helping nurses like you who are facing potential challenges to their licensure. We'll help you face DUI/OVUII allegations, represent you to the Board, and take all necessary steps to protect your license and safeguard your career. To schedule a confidential consultation, call 888-535-3686 or fill out our online contact form.
Understanding Hawaii's DUI Laws
In Hawaii, the official term for DUI is Operating a Vehicle Under the Influence of an Intoxicant (OVUII)--but the terms DUI and OVUII are frequently used interchangeably. To fully grasp how a DUI/OVUII can affect your nursing license, you need to first understand Hawaii's laws regarding what constitutes OVUII and the associated penalties.
What Constitutes OVUII in Hawaii?
Under Hawaii law (HRS § 291E-61), OVUII is defined as operating a vehicle while:
- Having a blood alcohol concentration (BAC) of 0.08% or higher, or
- Being under the influence of alcohol, drugs, or a combination of both that impairs the ability to operate a vehicle safely.
For commercial drivers, the BAC limit is reduced to 0.04%, and for drivers under 21, Hawaii enforces a zero-tolerance policy, meaning any detectable alcohol in their system can result in criminal charges.
Penalties for OVUII
- Hawaii enforces strict penalties for OVUII, which escalate with subsequent convictions within a ten-year period. For a first offense, penalties may include:
- Attendance at a minimum 14-hour substance abuse rehabilitation program.
- License suspension for 1-18 months.
- Installation of an ignition interlock device.
- Community service, imprisonment for 48 hours up to 5 days, or fines between $250-$1,000.
For second offenses or convictions within ten years of a prior offense, the penalties are steeper:
- Completion of a 36-hour rehabilitation program.
- License revocation for 2-3 years.
- Fines ranging from $1,000-$3,000.
- 240 hours of community service or imprisonment for 5-30 days.
Repeated offenses could result in even harsher sentencing. Additionally, aggravating factors such as having a child passenger in the vehicle or being classified as a "highly intoxicated driver" trigger added mandatory penalties.
The Impact of OVUII on Your Nursing License in Hawaii
In addition to these criminal penalties, an OVUII conviction can have severe professional consequences for nurses in Hawaii, as the Hawaii Board of Nursing considers such offenses a violation of the Nurse Practice Act. The Board holds the authority to discipline nurses for criminal conduct, including DUI/OVUII. Their primary concern is public safety, and they consider a nurse's alcohol- or substance-related conduct to reflect on their fitness to practice. If you're convicted of an OVUII, don't underestimate how this incident may affect your nursing license. You may face disciplinary action regardless of whether your case involved injuries or if the offense occurred off-duty.
Criminal Background Checks and Fingerprinting
Under changes in the law in 2017, Hawaii now requires mandatory criminal background checks and fingerprinting for nurses. First-time applicants for licensure must complete these checks as part of the application process. For current licensees, who may or may not have been fingerprinted when they applied for licensure, the state conducts random background checks and mandatory fingerprinting when nurses apply for license renewal.
If the Board uncovers an OVUII conviction due to these checks rather than a voluntary disclosure from you, they will likely consider your failure to self-report as an integrity issue, which can further damage your standing.
Potential Disciplinary Actions for Hawaii Nurses Convicted of DUI
Having a DUI/OVUII on your criminal record doesn't guarantee that the Board will revoke your licensure. They will review your case and look at factors such as the severity of your conviction, whether it's a repeat offense, and how cooperative you are during the investigation. As a result, the disciplinary actions you face could range widely, including, but not limited to:
- Fines.
- Mandatory participation in substance abuse rehabilitation programs.
- Probation with restrictions on your nursing practice.
- Temporary suspension of your license.
- Permanent revocation of your license in severe cases.
Whatever the outcome, the impact on your career and reputation could be long-lasting. That's why it's vital to not just address the criminal charges but also to tackle the professional ramifications with the right legal guidance.
Common Questions About DUI/OVUII and Your Nursing License
Navigating DUI/OVUII charges while protecting your nursing license can feel like an impossible balancing act. Many nurses find themselves asking specific questions about what they need to report or whether they can access support through the Board of Nursing. Here are the answers to some key concerns:
Do I Have to Report an OVUII Arrest to the Board of Nursing if the Charges Are Dropped?
No, you don't need to report an arrest to the Hawaii Board of Nursing. Under Hawaii law, nurses are expected to self-report any disciplinary actions taken against them. This blanket requirement includes prior adverse actions against one's license, termination from a job, or other disciplinary actions for behaviors that are considered a "threat to the public health or safety." An OVUII conviction falls under this definition. An arrest in itself is not a disciplinary action, so it technically doesn't meet this criteria--so you wouldn't be legally required to report the arrest unless you are convicted. That said, it's always a good idea to stay informed about the regulations and consult with a legal professional if you're unsure about your specific situation.
Do I Have to Report an OVUII if I Complete a Diversionary Program and the Charges Are Dismissed?
No, you don't. Hawaii does offer a range of diversionary programs for people charged with various crimes, including DUI. These programs are intended to be rehabilitative rather than punitive, and they include a variety of requirements and conditions, such as completing a rehabilitation program, paying restitution, reporting regularly to the court, etc. If you are eligible for one of these programs and you complete it successfully, the OVUII charges against you will be dismissed, and you will avoid having a criminal record. Since there is no conviction for a crime under such programs, there is no obligation to report it to the Board of Nursing.
Does the Hawaii Board of Nursing Offer Programs to Assist Nurses with Addictions?
Yes, it does. The Board recognizes chemical dependency as a treatable condition and offers its own version of a diversionary program that allows nurses to retain their licenses while addressing underlying issues. These programs typically include monitoring and random drug testing combined with rehabilitation or counseling. By participating in a Board-approved diversionary program, you have the opportunity to demonstrate a commitment to recovery, which can minimize or eliminate any lingering penalties to your license.
If you are a nurse who struggles with substance use, reach out for help early. Voluntarily entering into a rehabilitation or monitoring program before the Board compels you to do so might also favorably impact any disciplinary proceedings.
Why You Need the Right Attorney
For nurses in Hawaii, dealing with DUI/OVUII charges represents only one aspect of what could be a very complex situation. Criminal defense attorneys may be skilled at fighting the charges in court, but most lack the knowledge or experience needed to defend your professional license before the Hawaii Board of Nursing. Unfortunately, this gap could be costly, as the professional consequences can often be far more impactful than the criminal penalties.
The Hawaii Board of Nursing applies strict scrutiny to DUI/OVUII cases, and their proceedings are governed by their own unique policies and standards. For example, if you're charged with a crime, the prosecution must prove your guilt "beyond a reasonable doubt." When the Board of Nursing considers license violations, they only need to affirm your guilt based on a "preponderance of the evidence," which is a much lower standard of proof. This means that, in theory, anyway, you're more likely to face disciplinary action from the Board over a DUI than be convicted in a courtroom. It also means that if you are convicted in court, the likelihood of disciplinary action from the Board of Nursing is quite high. Without an experienced professional license defense attorney advocating on your behalf, you may face harsher disciplinary actions or be denied the opportunity to continue practicing as a nurse, even after meeting the criminal justice requirements. For best results, then, you should consider fighting this battle on two fronts--with a Hawaii criminal defense attorney to defend against OVUII charges and a professional license defense attorney to defend you before the Board of Nursing.
How the Lento Law Firm Can Help
The Professional License Defense Team at the Lento Law Firm has extensive experience assisting nurses nationwide who are navigating issues with their licensing boards after DUI/OVUII convictions. Our approach is tailored to address both the legal and professional concerns that come with allegations of impaired driving. From negotiating with the Board to mitigate penalties to ensuring compliance with self-reporting requirements to monitoring your progress through any Board-prescribed diversionary program, we'll guide you through the process with your career and future as our priority.
If you're a nurse in Hawaii facing DUI/OVUII allegations, don't face this uphill battle alone. Let us provide the qualified help you need to safeguard your professional license and secure your future. Call the Lento Law Firm today at 888-535-3686 or reach out via our online contact form.