Driving under the influence (DUI) in Florida can bring substantial criminal penalties, but even if you beat the charges, other areas of your life can be impacted. As a nurse who struggled for years to obtain your license, you may unfortunately be barred from working in the state if the Florida Board of Nursing has concerns about substance abuse resulting from DUI allegations or convictions. A DUI shouldn't eliminate all the good you do daily for patients, and the Lento Law Firm wants to help protect your nursing license when it comes under threat.
Our Professional License Defense Team has experience negotiating with the Florida Board of Nursing to keep DUIs from prematurely ending the careers of Florida's best and brightest nurses. Contact us today at 888.535.3686 or fill out our confidential online form to connect with our team and begin working on your license defense.
Florida DUI Laws and Criminal Penalties
Nurses in Florida are at risk of DUI charges if they drive while impaired, regardless of the specific substance. Above a blood or breath alcohol level of 0.08, Florida considers drivers impaired. But arresting officers can also take drivers into custody for their use of banned chemicals or controlled substances that negatively impact their ability to drive. Law enforcement may even charge drivers with DUIs if they are taking legal medications, as long as it results in impairment.
DUIs in Florida escalate penalties depending on the driver's previous offenses. For a first-time conviction for DUI, a Florida nurse can expect a fine between $500 and $1000 and up to six months imprisonment. For a second offense, fines and prison terms increase, introducing mandatory ignition lock requirements. But looking at these punishments in a vacuum doesn't tell the whole story.
When you read news stories about long prison sentences for DUI, they very rarely refer to situations where the driver was simply swerving on the road. When an impaired driver commits other offenses because of their impairment, like manslaughter, their punishments increase. In the same way, license risks can also increase for these more egregious criminal acts.
How DUIs Affect Nurses Outside of the Criminal Justice System
So, DUIs can result in fines and imprisonment—most people understand that. But how does a DUI conviction affect Florida nurses outside of the criminal justice system?
The details of your DUI matter significantly, and they may be the defining factor in what happens to your license. Is this your first offense, and did it result in harm to another person? If prosecutors are not bringing serious charges, your path toward retaining your license will likely be easier than some of your peers.
If you are facing felonies due to your DUI, however, the lengthier prison terms and larger fines may cause the Board to pause. The Florida Board of Nursing sees any arrests and convictions for DUI as worrying. Still, they will have more reservations about allowing you to continue your career after felony convictions or repeat offenses.
DUIs, like other infractions, can result in license sanctions and restrictions on your ability to work in the state. For DUIs, the most common license sanctions include:
- Formal reprimands and public admonishments of your conduct
- License probations limiting how and where you can work as a nurse
- Mandatory participation in rehabilitation programs to address substance abuse concerns
- License suspensions or revocations, which may be mandatory given the severity of your criminal convictions
One of the Board's primary goals is to protect the residents of Florida from harm arising from nurses under their jurisdiction. Once they learn about a DUI, they will begin their own investigation to determine if risks exist, applying these sanctions as they see fit. That's where the Lento Law Firm can help. Criminal proceedings and license hearings are entirely separate processes, and your criminal defense attorney is unlikely to have the experience needed to represent you before the Board.
We can't tell you exactly what will happen to your license, but we can guarantee that engaging with Board investigations and hearings without experienced licensed defense attorneys is a recipe for failure. Our Professional License Defense Team can handle everything involving the Board of Nursing, limiting the impact of criminal DUI convictions and charges on your career.
Reporting A DUI to the Florida Board of Nursing
Regardless of whether your DUI results in a felony or misdemeanor, you must inform the Board of Nursing of your conviction. This doesn't just apply to DUIs, as the Board wants to know about all convictions or guilty pleas associated with your name. However, because DUIs signal ongoing substance abuse issues, you may be required to proactively report your situation, even before a conviction.
The law mandates nurses to inform the Board within 30 days, providing details of the conviction and relevant legal documents. Reporting demonstrates honesty and accountability, which can go a long way when it comes to enrolling in substance abuse programs and maintaining good standing with the Board of Nursing. Concealing a DUI from the Board will only make your situation worse once they learn of the DUI through a third party.
Reporting your DUI isn't an overly complicated ordeal. Florida guides nurses towards the Florida Health Care Complaint Portal to self-report criminal convictions, and the Lento Law Firm can assist further to ensure you leave nothing out of a report that can harm your career in the future.
How the Florida Board of Nursing Investigates DUIs
The Florida Board of Nursing learned of your DUI—now what? The next step for the Board is to assign an investigator to your case, who will review the details of your conviction, plea deal, or ongoing case if you choose to make a proactive report. This means they may gain access to witness statements, alcohol and drug tests, and reports collected by police officers.
Investigators will likely contact you to hear your side of the story before making a final report. This outreach is the perfect time to provide exonerating details that are not obvious from your criminal convictions or charges. Investigators will also examine your professional history, including any previous disciplinary actions relating to substance use, to determine the overall risk you present to Florida residents.
At the end of their review, investigators will provide relevant info to the Board, at which point your license may be at risk of the sanctions we outlined earlier. The Lento Law Firm is dedicated to helping Florida nurses maintain their license status after DUI convictions or allegations. As soon as you are able following an arrest, contact our Professional License Defense Team and allow us to begin building a rebuttal to the Florida Board of Nursing's allegations during their internal license investigation.
License Risks Without a Criminal Conviction?
You may think it's unfair that investigations can begin due to arrests and charges, not just convictions. However, the Florida Board of Nursing has broad discretion to investigate and discipline nurses, as the criminal justice system is a wholly separate entity. The outcome of a license investigation can agree or disagree with the outcome of your criminal case, depending on the evidence provided and the specifics of the allegations.
At the same time, what happens in a criminal court can affect your license investigation to a certain degree. We already talked about how your license is at greater risk if your criminal charges are felonies or repeat offenses, as this can signal greater substance abuse concerns. However, what if you end up beating the charges? The Lento Law Firm can use this victory in the criminal justice system to bolster your license defense and prove that your ability to perform your duties as a nurse is unaffected.
Remember, while DUI convictions can immediately trigger license investigations and sanctions, the opposite is not always true. If your charges are dropped or reduced as part of a plea deal, don't assume you can walk into a Board meeting and quickly return your license into good standing. Let the Lento Law Firm make the case that the Board's concerns were unfounded, using the results of your criminal charges as evidence.
Mitigating License Impact Through Florida's Alternative to Discipline Program
Like many states, Florida often provides nurses with the opportunity to avoid license sanctions following substance abuse concerns through enrollment in a diversion program. Interestingly, Florida was one of the first states to implement one of these programs, with the Intervention Project for Nurses (IPN) dating back to 1983. Because the Board of Nursing has used this system for decades and has seen its effectiveness, they are usually willing to work with nurses who want to change their behavior, especially if you allow the Lento Law Firm to negotiate with the Board on your behalf.
If the Florida Board of Nursing offers IPN enrollment as an alternative to discipline, they can't force you to enter, but they reserve the right to sanction your license if you refuse. Similarly, if you enter the IPN program but fail to maintain enrollment, this will generally void your agreement with the Board and open yourself back up to license sanctions.
IPN enrollment can be a great way to avoid disciplinary punishment and restrictions on your license, but it still complicates your career. Unless cleared by IPN staff, you cannot continue working as a nurse in Florida. Plus, with nurses subject to random testing, daily check-ins, and numerous required meetings and therapy sessions, it can be hard to maintain enrollment.
If DUI charges or convictions are threatening your nursing license in Florida, the IPN program may be your best long-term solution. The Lento Law Firm has guided many nurses through disciplinary proceedings involving substance abuse and DUIs, and we can help you decide if IPN enrollment is right for you.
Why Criminal Defense Isn't Enough
Without a doubt, the severity of your criminal conviction, or the lack thereof, can play a role in your license investigation and hearing. However, no matter how effective your criminal defense attorney seems, they rarely have the experience needed to protect your license during hearings with the Florida Board of Nursing. As we have emphasized, these processes are entirely separate, with different standards of evidence and outcomes.
When you work with the Lento Law Firm Professional License Defense Team, we bring knowledge of Florida's statutes, regulations, and Board policies regarding DUIs and licensure. Our attorneys have direct experience arguing before the Board on behalf of nurses regarding substance abuse concerns, DUIS, and a wide array of related issues. If you place importance on keeping your license in good standing, criminal defense attorneys unfamiliar with nursing laws cannot provide much assistance.
The Lento Law Firm has represented nurses employed by some of the largest hospitals and healthcare facilities in the state, including:
- AdventHealth Orlando - Orlando
- Jackson Memorial Hospital - Miami
- Tampa General Hospital - Tampa
- Baptist Hospital - Miami
- Lakeland Regional Health Medical Center - Lakeland
- UF Health Shands Hospital - Gainesville
- Lee Memorial Hospital - Fort Myers
- Memorial Regional Hospital - Hollywood
- Halifax Health Medical Center - Daytona Beach
Regardless of where you work in Florida, our Professional License Defense Team can represent you during Board meetings and negotiations to prevent DUI charges, convictions, or arrests from affecting your nursing license. We understand that you need the best representation possible to protect your career, and we are here to help.
Call the Lento Law Firm Today if a DUI Threatens Your Florida Nursing License
It is a near guarantee that a DUI conviction or criminal allegation will also jumpstart an investigation by the Florida Board of Nursing. When your license is at risk, you can't take chances with inexperienced legal representation or continue working with your criminal defense attorney. You need attorneys who live and breathe license defense and truly understand the risks to your career.
The Lento Law Firm represents nurses nationwide, including in Florida when their licenses come under threat due to DUIs. You should never assume that DUI convictions immediately lead to license suspensions or revocations. In many cases, there are avenues to pursue that eliminate license discipline altogether.
Call our Professional License Defense Team today at 888.535.3686 or contact us through our website. We know just how hard you worked to become a Florida nurse, and we aim to protect this achievement from all disciplinary threats.