If you are a nurse in Washington who was arrested, charged, or convicted of a DUI, your career and livelihood are at risk. The Washington State Board of Nursing is tasked with disciplining licensed nurses who present a danger to the public. Often, the Board considers a DUI as a sign of underlying substance abuse issues. Even if you beat your criminal charges or receive minimal criminal punishment after a misdemeanor, the Board can continue its investigation and potentially suspend or revoke your license.
The Lento Law Firm doesn't want to see Washington nurses unfairly lose their licenses due to DUIs and alleged substance abuse issues. Our Professional License Defense Team can help if your license is at risk. Call today at 888-535-3686 or contact us online to begin protecting your nursing license in Washington.
Washington DUI Laws: Criminal Justice System Concerns
Like most states, Washington considers Driving Under the Influence a serious charge, and the details of your DUI case will determine whether you end up with a fine, probation, or even a lengthy prison term. Washington state law provides detailed information about what counts as a DUI, even going so far as to provide THC concentration limits in addition to blood-alcohol limits.
Alcohol DUI in Washington
Drivers in Washington may receive DUI charges if they drive a vehicle and:
- Have a blood-alcohol level exceeding 0.08 within two hours after driving
- Are impaired by alcohol enough that their ability to drive is affected and placing others at risk, regardless of blood-alcohol levels
There are some slight nuances, but none that typically apply to nurses. If police officers pull you over and conduct tests putting you above this level, or if they judge that you are dangerously impaired, it can result in a DUI arrest and criminal charge.
Marijuana and THC DUI in Washington
Washington's DUI laws also apply to marijuana, which is legal for recreational use in the state. Just like alcohol, however, impairment as a result of marijuana while operating a vehicle is not legal.
A Washington driver can face DUI arrests and charges if their THC concentration, which is the substance responsible for many of marijuana's effects, exceeds five nanograms per milliliter of blood, with the same two-hour restriction as alcohol.
Prescription Drug Use DUI in Washington
Even if you are legally prescribed medications, DUI charges remain a risk. Some prescriptions may be necessary, but they don't eliminate your responsibility to safely drive on the road. In fact, if you are aware that prescriptions cause impairment and continue to drive, this may be seen as purposeful intent to drive while impaired.
DUI Penalties
The penalties possible in your DUI case will vary depending on whether it is a first-time offense, your blood-alcohol or THC levels, and if there are aggravating factors. Common, sometimes mandatory, punishments include:
- Fines: $350 to $5,000
- Incarceration: 24 hours to one year for first-time offenses, potentially longer for repeat offenses
- License Suspension: 3 months to 3-4 years, depending on substance concentration levels and prior DUI offenses
- Ignition Interlock Systems: Implemented for a year after reinstatement and potentially up to 10 years for repeat offenses
- Treatment Programs and Assessments: Mandatory intervention for substance abuse issues
- Probation: Possibility of five years of probation starting from the first offense
These are just the penalties that can arise from DUI convictions or plea deals in the criminal justice system. As a nurse, there are unique risks to your license and career that exist outside the courtroom. For many nurses, DUIs—even simple arrests without convictions—introduce professional roadblocks that are more devastating than criminal penalties.
Potential License Sanctions Due to DUIs
Before we look at how the Washington Board of Nursing can potentially investigate and punish you for a DUI, we should look at what sanctions they can impose to either limit your nursing duties or prevent you from working as a nurse entirely. For nurses dealing with substance abuse issues and DUIs, the Board of Nursing can sanction your license through:
- Reprimand: The Board may issue a formal written warning and attach it to your nursing record. While this does not usually impose harsh restrictions on your ability to work, it remains viewable to the public, detailing their concerns about your DUI or substance abuse issues.
- Probation: The Board allows you to continue working as a nurse under certain conditions, which may include diversionary programs for substance use.
- Suspension: The Board can suspend your license for a specific period and require you to meet certain conditions going forward from your reinstatement date.
- Revocation: For situations where the Board of Nursing believes a DUI signals potentially dangerous substance abuse, they may decide to revoke your license indefinitely, requiring formal reapplications and appeals if you aim to once again work as a nurse in the state.
- Denial of License: If you do not currently have your nursing license and are seeking to work in Washington, a DUI can lead to a denial of your application. This is more common when DUI convictions or concerns are recent or if they are not disclosed on your application.
The Washington Board of Nursing provides a straightforward way for the public to see recent disciplinary actions. If you look through recent months, you are sure to notice nurses who received probation, conditions on their license, suspension, or revocation due to substance abuse concerns. If you want your name to remain off this list and protect your future career, you need to get in touch with the Lento Law Firm Professional License Defense Team. We can represent you immediately following a DUI arrest to help your nursing license remain in good standing.
Working With Professional License Defense Attorneys to Protect Your Nursing License
If the idea of having your nursing license suspended or revoked after years of hard work and education does not sound appealing, working alongside the Lento Law Firm to protect your license should be your main priority. The earlier you engage our team and allow us to represent you before the Board of Nursing, the greater the chance you can continue working as a nurse without serious license restrictions.
Board investigations and disciplinary proceedings resulting from DUIs won't last years, but they will be stressful, complicated, and taxing on your professional career. They begin when the Board learns of your DUI through police reports, employers, or a mandatory self-report. As a nurse, you must self-report to the Board any conviction that may constitute unprofessional conduct or any condition that could impair your ability to practice safely, such as a DUI. Once the Board learns of your situation, they may decide not to proceed with disciplinary proceedings. However, this is unlikely, given the seriousness of DUIs and substance abuse concerns.
After proceeding with your DUI case, the Board will start a preliminary investigation. This investigation and the following disciplinary proceedings are separate from any criminal proceedings, though the Board may use evidence obtained by police and prosecutors. Investigators commonly review court documents and police reports, as well as interview employers, colleagues, and patients who may shed details on your alleged substance use and DUI. The Lento Law Firm can assist you throughout investigations as you talk to investigators and provide exonerating evidence.
After gathering evidence, investigators forward their findings to a reviewing commission member who presents the case to a panel with decision-making powers. They can choose to end your case, take action against your license, or recommend alternatives to discipline.
If you desire, you can respond to charges in formal hearings with an attorney, or you can accept the penalties and enroll in any mandated programs. The Board will continue monitoring your compliance to ensure you fulfill all parts of your agreement, whether that means substance abuse counseling or practice restrictions.
Throughout this entire process, nurses under investigation are on the back foot. Investigators look into every part of their background, including the results of criminal trials, and compile evidence that can end their careers. If you're in a similar situation, fighting back to try and maintain your status as a nurse in Washington, the Lento Law Firm can help. Our Professional License Defense Team can represent you during every Board interaction and help limit the adverse effects of previous criminal arrests, charges, and convictions for DUI.
Washington Health Professional Services: Program to Avoid DUI Discipline
Following the Board's interest in your DUI arrest or conviction, the ideal situation is a dismissal of disciplinary proceedings against you. However, this is not something you can rely on, especially following convictions or repeat DUI offenses. In cases where you cannot avoid punishment entirely, the next best option may be the Washington Health Professional Services (WHPS) program.
WHPS offers an alternative to disciplinary action by allowing nurses to maintain their licenses while undergoing treatment and monitoring. The Washington Board of Nursing understands how common of an issue substance abuse is for nurses and how it can result in DUIs. WHPS is a way to get nurses the help they need without completely halting their careers. It is an effective program, with peer support groups and stipend programs, to lower the financial burden of receiving help.
WHPS can often be an excellent choice for nurses who come under fire from the Board due to a DUI arrest or conviction. However, it isn't always the best option, mainly if you can aim for even lesser punishment, such as warnings or private reprimands.
The Lento Law Firm Professional License Defense Team can work with you to determine if enrolling in WHPS is the best option given your situation, as well as help you maintain enrollment by adhering to all required guidelines and license restrictions.
How DUIs Continue to Impact Your Career as a Nurse in Washington
Criminal penalties and license sanctions for DUIs are typically more severe than other types of substance abuse issues. Immediately following a DUI arrest or charge, you need to focus your time and energy on protecting your name with the help of criminal defense attorneys and the Lento Law Firm Professional License Defense Team. However, in addition to limiting short-term setbacks, defending against DUI accusations in courtrooms and board hearings has another purpose. Importantly, proper defense continues to follow you for years to come as you advance through the nursing profession.
Defending yourself from criminal accusations and avoiding license sanctions eliminates future hurdles when seeking employment. Nearly all healthcare employers in Washington conduct background checks on prospective nurses, and a DUI conviction will likely raise eyebrows about your reliability and fitness to practice. Given two identical nurses, the one with a criminal conviction for DUI will have a harder time securing a new job.
But remember, criminal convictions and license sanctions remain wholly separate. Even if you beat your charges in court, a negative conclusion following the Washington Board of Nursing's investigation can make finding a new job or advancing your career challenging. In fact, previous disciplinary sanctions on your nursing license are often seen as even more worrisome than DUI convictions, especially misdemeanor cases.
Since the Board of Nursing publicly displays disciplinary actions, it is never difficult for employers to discover recent sanctions. Imagine the Board disallows you from working as a nurse for one year. After reinstatement, you would surely be eager to resume your career, only to find out that employers can type in your name and easily see your history. In many cases, you must also voluntarily make your previous disciplinary history known to employers.
How the Lento Law Firm Can Help Washington Nurses After DUIs
By now, you understand how important it is to prevent the Board of Nursing from sanctioning your license. The only question left is how you stop them from taking action.
Working with the Lento Law Firm Professional License Defense Team is the best way to limit the negative impacts of a DUI arrest, charge, or conviction on your nursing license. We defend nurses nationwide, including here in Washington, when mistakes or misunderstandings put their careers at risk. The Board of Nursing is obligated to protect the public from nurses they deem potentially dangerous; without experienced representation, they may place that label on you.
Criminal defense attorneys are experienced in the courtroom, not in hearings with the Washington Board of Nursing. The Lento Law Firm knows what the Board wants to hear and is dedicated to helping you defend your license in every way possible. When your license is at risk, our Professional License Defense Team is who you need.
We have represented nurses with DUI concerns across Washington, including those providing nursing services to patients at:
- Seattle Childrens Hospital – Seattle
- MultiCare Tacoma General Hospital – Tacoma
- Swedish Medical Center First Hill Campus – Seattle
- Providence Sacred Heart Medical Center – Spokane
- Providence Regional Medical Center – Everett
- EvergreenHealth Medical Center – Kirkland
- UW Medical Center Montlake – Seattle
- Virginia Mason Medical Center – Seattle
Regardless of where you work, the risks to your license following a DUI arrest or conviction remain the same. Call the Lento Law Firm Profession License Defense Team at 888-535-3686 or contact us through our website to learn how we can protect your license starting today.
