A DUI (Driving Under the Influence) charge in Alaska can carry serious criminal consequences, but its impact often reaches beyond the courtroom. For nurses who have dedicated years to building their careers, a DUI allegation or conviction can raise concerns with the Alaska Board of Nursing about potential substance abuse, putting the ability to practice nursing in jeopardy. However, one mistake shouldn't define your career or overshadow the compassionate care you provide to your patients.
At the Lento Law Firm, we are committed to helping you protect your nursing license and your career. Our Professional License Defense Team has worked with the Alaska Board of Nursing to defend nurses in DUI-related cases. Call us today at 888-535-3686 or fill out our secure online form to begin building your defense.
Alaska DUI Laws and Criminal Penalties
In Alaska, operating a vehicle, aircraft, or watercraft while under the influence of alcohol, inhalants, or controlled substances is illegal. You can be charged with a DUI if your blood alcohol concentration (BAC) level is 0.08% or higher. DUI can be a felony or misdemeanor, depending on the severity of the incident in question. Misdemeanor DUI charges can result in imprisonment of up to one year and fines of up to $25,000. If the DUI is a felony, it can lead to five years in jail and a fine of up to $50,000.
Does a DUI Affect Nurses Outside the Criminal Justice System?
While most people recognize that a DUI conviction in Alaska can result in fines and imprisonment, the consequences for licensed nurses often extend far beyond the criminal justice system. The impact on your nursing license depends largely on the specifics of your case. Was it your first offense, and did it involve harm to others? If the charges are minor, your chances of retaining your license may be better than if you're facing felony charges or a history of repeat offenses.
For nurses convicted of felony DUIs, the Alaska Board of Nursing is likely to impose harsher penalties, as public safety is their top priority. However, even first-time offenses are taken seriously, as any DUI arrest or conviction raises concerns. Common disciplinary actions include:
- Formal reprimands or public admonishments
- License probation, which may limit your practice
- Mandatory rehabilitation programs to address substance abuse concerns
- License suspension or revocation in more severe cases
The board investigates DUIs independently from criminal proceedings, focusing on whether your actions pose a threat to public safety. Successfully navigating these investigations and potential disciplinary actions requires specific legal assistance. Your criminal defense attorney may not have the necessary experience to handle this unique process effectively.
At the Lento Law Firm, our Professional License Defense Team represents nurses before the Board of Nursing. We work to minimize the impact of DUIs on your career and help protect your license and livelihood. While we cannot guarantee specific outcomes, we ensure your case is managed with the care and professionalism it deserves.
Should You Report a DUI to the Alaska Board of Nursing?
As a registered nurse in Alaska, it's crucial to understand your obligations regarding any criminal charges, including a DUI. The Alaska Board of Nursing mandates that licensees report any criminal convictions, including DUIs, as part of a duty to uphold professional standards and ensure public safety. The regulations don't state a specific timeframe for reporting criminal charges or convictions, but reporting sooner rather than later is usually recommended.
Promptly reporting a DUI demonstrates integrity and accountability, which can positively influence your standing with the Board of Nursing and your participation in any required substance abuse programs. Attempting to conceal a DUI can result in more severe consequences if the board learns about it from other sources.
However, whether self-reporting is the best course of action depends on your unique circumstances. We recommend consulting with one of our Professional License Defense attorneys before making any reports to the Alaska Board of Nursing. If self-reporting is the right decision for your situation, we will help ensure your report is complete and accurate, reducing the risk of future complications for your career.
Alaska Board of Nursing DUI Investigations
If the Alaska Board of Nursing has been notified of your DUI, what comes next? The board will assign an investigator to review the details of your conviction, plea agreement, or ongoing case—especially if you've submitted a report proactively. This process may involve reviewing witness statements, alcohol and drug test results, and police reports.
The investigator will likely contact you to hear your perspective before finalizing their report. This opportunity is crucial for providing exonerating evidence or context that may not be clear from your criminal charges or convictions. The investigator will also assess your professional history, including any prior disciplinary actions related to substance use, to determine the potential risk you pose to public safety.
After the investigation is complete, the findings will be presented to the board, which will decide whether to impose sanctions on your nursing license. The Lento Law Firm is dedicated to helping Alaska nurses defend their licenses against DUI-related allegations or convictions. Contact our Professional License Defense Team promptly after an arrest so we can begin building a strong defense and addressing the Board of Nursing's concerns during their investigation.
You Didn't Get Convicted—What Happens to Your License?
It might seem unfair that the Alaska Board of Nursing can initiate investigations based on arrests or charges, even without a conviction. However, the board operates independently of the criminal justice system and has broad authority to investigate and discipline nurses. The outcome of a license investigation may align with or differ from your criminal case, depending on the evidence and specific allegations.
Your criminal case can still impact the license investigation. For instance, felony charges or repeat offenses may present a greater risk to your license, as they could suggest underlying substance abuse issues. But what happens if the charges are dismissed or you are acquitted? At the Lento Law Firm, we can use a favorable outcome in criminal court to reinforce your defense before the board, demonstrating that your ability to practice nursing remains unaffected.
While DUI convictions often lead to immediate license investigations and potential sanctions, the reverse is not always true. Even if your charges are reduced or dropped, don't assume your license will automatically return to good standing. Let the Lento Law Firm advocate on your behalf, using the outcome of your criminal case to address the board's concerns and protect your nursing career.
Participating in an Alaska Alternative Probation Program
If you get accused of a DUI, the board might consider a less severe penalty on your license if you participate in a rehabilitation program. Keep in mind that the Alaska Board of Nursing has the authority to place a nurse on probation while they fulfill the Board's requirements for reinstatement in good standing. To provide an alternative path for nurses facing discipline, the Board adopted the regulation stating that participation in an alternative probation program is “at the discretion of the board.” However, it also requires that nurses in the program “meet the terms of the probation required by the board under the alternative probation program.”
Conditions for Participating in an Alternative Probation Program
The Alaska Board of Nursing continues to refine its alternative probation program regulations on a yearly basis. The Board's disciplinary officials have the authority to impose various terms and conditions on program participants, which may include:
- Requiring physical and mental health examinations selected by officials to assess the nurse's ability to perform professional duties
- Mandating participation in rehabilitative counseling programs, such as Alcoholics Anonymous, Narcotics Anonymous, or impaired nurse groups, with regular care provider reports submitted to the Board
- Enforcing abstinence from alcohol and controlled substances, except for medications prescribed by a physician
- Requiring drug and alcohol testing, including providing samples at times, locations, and frequencies determined by the Board
- Restricting access to controlled substances in the workplace
These conditions are designed to ensure public safety and support nurses in maintaining their professional responsibilities while under probation.
Negotiating Terms for an Alternative Probation Program
The terms initially offered by Alaska's alternative probation program may not always be the best fit for your situation. If you've been referred to the program by a colleague, supervisor, or disciplinary official, you might find that the standard practices for evaluation, treatment, counseling, testing, and monitoring impose more time, cost, and effort than your substance use or dependency issue requires. Additionally, the typical terms might conflict with your work schedule, school commitments, family responsibilities, transportation options, or financial situation.
The good news is that you don't have to accept the program's initial terms without question. Our attorneys can advocate on your behalf to disciplinary and program officials, highlighting your unique needs and capacities and seeking reasonable accommodations. The program should support your success rather than setting you up for unnecessary stress or failure.
Our goal is to help you navigate this process and secure terms that are fair, achievable, and conducive to your long-term well-being. If you choose to participate in the program, we'll work to ensure it aligns with your circumstances, giving you the best chance of successfully meeting its requirements.
An alternative probation program may be an option in your case. Deciding whether to consent to the program or challenge the disciplinary charges is a critical decision that can significantly impact your nursing license and career. Let us guide you in making the best choice to protect your professional future.
Read our resource page about substance abuse programs for Alaska nurses to learn more.
Why Criminal Defense Will Not Be Enough to Protect Your License
The severity of your criminal conviction—or the lack of one—can play a significant role in your nursing license investigation and hearing. However, it's important to recognize that even the most skilled criminal defense attorney will not have the knowledge needed to represent you effectively before the Alaska Board of Nursing. These processes operate independently, with distinct standards of evidence and outcomes.
The Lento Law Firm Professional License Defense Team understands Alaska's statutes, regulations, and board policies related to DUIs and nursing licensure. Our attorneys have extensive experience advocating for nurses before the board, addressing issues such as DUIs, substance abuse, and other professional concerns. Relying solely on a criminal defense attorney who is unfamiliar with nursing-specific regulations can put your career at risk.
The Lento Law Firm has successfully represented nurses from some of Alaska's largest hospitals and healthcare facilities, offering the dedicated guidance and defense needed to protect their licenses and careers:
- Providence Alaska Medical Center - Anchorage
- Alaska Regional Hospital - Anchorage
- Mat-Su Regional Medical Center - Palmer
- Fairbanks Memorial Hospital - Fairbanks
- Central Peninsula Hospital - Soldotna
- North Sound Regional Hospital - Nome
- Bartlett Regional Hospital - Juneau
- South Peninsula Hospital - Homer
- PeaceHealth Ketchikan Medical Center - Ketchikan
- Providence Kodiak Island Medical Center - Kodiak
Wherever you practice in Alaska, our Professional License Defense Team is prepared to advocate for you in Board of Nursing meetings and negotiations to protect your nursing license against the effects of DUI charges, convictions, or arrests. We understand how critical, skilled, and dedicated representation is to protecting your career, and we are here to stand by your side every step of the way.
Call the Lento Law Firm for Nurse License Defense
A DUI conviction or criminal charge often triggers an investigation by the Alaska Board of Nursing, putting your nursing license at significant risk. In such a critical situation, depending solely on inexperienced legal counsel or a criminal defense attorney can endanger your career. You need attorneys who help with license defense and are well-versed in the specific challenges nurses face.
The Lento Law Firm offers skilled and dedicated representation to nurses nationwide, including in Alaska, who are dealing with license threats due to DUIs. A conviction does not automatically lead to a license suspension or revocation, and there are often strategies to prevent disciplinary actions altogether.
Contact our Professional License Defense Team today at 888-535-3686 or through the form on our website. We understand the dedication it took to build your nursing career, and we are here to help you protect it from disciplinary challenges.
