DUIs and West Virginia Nurse License Risks

Driving under the influence (DUI) or driving while intoxicated (DWI) in West Virginia can result in serious criminal penalties, but its impact often extends beyond the courtroom. For nurses who have worked hard to earn their licenses, a DUI or DWI allegation or conviction can raise concerns with the West Virginia Board of Registered Nurses (RN Board) about potential substance abuse, putting your ability to practice at risk. A single mistake shouldn't overshadow the care and dedication you provide to your patients every day.

At the Lento Law Firm, we are here to help protect your nursing license and your career. Our Professional License Defense Team has worked with the West Virginia RN Board to defend nurses and prevent DUI-related allegations from ending promising careers. Call us today at 888-535-3686 or complete our secure online form to get started on your license defense.

West Virginia DUI and DWI Laws and Criminal Penalties

West Virginia law prohibits operating a motor vehicle when you're under the influence of drugs or alcohol or when you're impaired. DUI and DWI are both crimes—but they differ slightly. A DUI is defined as driving with a blood alcohol concentration (BAC) level of 0.08% or higher. A DWI doesn't rely on a specific BAC level but on the driver's observable impairment. It's usually more applicable to situations involving substances that can't be registered on a breathalyzer test.

The penalties for a DUI or DWI conviction vary based on the level of intoxication and whether the driver has any prior offenses. For a DUI or DWI, the minimum penalty is up to six months in jail and a fine of $100-500. Every DUI or DWI case is different; in some serious cases, the driver commits additional crimes due to their impairment, such as manslaughter. The severity of the criminal penalties should align with the severity of the driver's actions.

Does a DUI or DWI Affect Nurses Outside the Justice System?

Most people understand that a DUI or DWI conviction in West Virginia can lead to fines and imprisonment, but its impact on licensed nurses often extends far beyond the criminal justice system. How your DUI or DWI affects your nursing license depends heavily on the specifics of your case. Was it your first offense, and did it involve harm to others? If prosecutors are pursuing minor charges, your chances of retaining your license may be better than if you're facing felony charges or repeat offenses.

For nurses convicted of felony DUIs or DWIs, the West Virginia RN Board may impose more severe consequences as they prioritize public safety. Even for first-time offenses, the RN Board views any DUI/DWI arrests or convictions as serious concerns. Common disciplinary actions include:

  • Formal reprimands or public admonishments
  • License probation with restrictions on your practice
  • Mandatory rehabilitation programs to address substance abuse issues
  • License suspension or revocation in severe cases

The RN Board investigates DUIs and DWIs independently of criminal proceedings, focusing on whether your actions pose a risk to public safety. Navigating these investigations and potential disciplinary hearings requires different legal representation. Your criminal defense attorney may not have the knowledge needed to handle this unique process effectively.

At the Lento Law Firm, our Professional License Defense Team represents nurses before the RN Board, working to minimize the impact of DUIs or DWIs on your career. While we can't predict the outcome, we can ensure your case is handled with the care and professionalism needed to protect your license and livelihood.

Reporting a DUI or DWI to the West Virginia RN Board

Whether your DUI/DWI is classified as a felony or misdemeanor, it's considered professional misconduct by the board if you don't report a criminal conviction (not just in West Virginia, but in any jurisdiction). This requirement isn't limited to DUIs or DWIs; the RN Board must be notified of any convictions or guilty pleas in your name.

Reporting promptly shows integrity and accountability, which can positively impact your standing with the RN Board and your participation in any required substance abuse programs. Attempting to hide a DUI or DWI can lead to more severe consequences when the RN Board inevitably learns about it from other sources.

Whether you should self-report or not, however, depends on your specific situation. We encourage you to speak with one of our Professional License Defense attorneys before you report anything to the RN Board. If self-reporting is the right option for you, we'll help ensure your report is thorough and accurate, minimizing the potential for future harm to your career.

Investigations of DUIs or DWIs at the West Virginia RN Board

The West Virginia RN Board has been notified of your DUI or DWI—what happens next? The board will assign an investigator to your case to review the details of your conviction, plea deal, or ongoing case, particularly if you've made a proactive report. This review may include access to witness statements, alcohol and drug test results, and police reports.

The investigator will likely reach out to you for your side of the story before completing their report. This opportunity is critical for presenting exonerating evidence or context not apparent from your criminal charges or convictions. The investigator will also examine your professional history, including any prior disciplinary actions related to substance use, to evaluate the risk you might pose to public safety.

Once the investigation is complete, the findings will be shared with the Board, which may then decide to impose sanctions on your license, as outlined earlier. The Lento Law Firm is committed to helping West Virginia nurses protect their licenses in the face of DUI/DWI allegations or convictions. Contact our Professional License Defense Team as soon as possible after an arrest so we can begin preparing a strong defense and challenging the RN Board's findings during their internal investigation.

Your License May Still Be at Risk Without a Criminal Conviction

It may feel unfair that the WV RN Board can launch investigations based on arrests or charges, even if there's no conviction yet. 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 the outcome of your criminal case, depending on the evidence and the nature of the allegations.

Your criminal case can still influence your license investigation, though. For example, felony charges or repeat offenses pose a greater risk to your license, as they may indicate significant substance abuse concerns. But what happens if you beat the charges? At the Lento Law Firm, we can leverage a favorable outcome in the criminal court to strengthen your defense before the RN Board, demonstrating that your ability to perform as a nurse remains intact.

While DUI or DWI convictions often lead to immediate license investigations and potential sanctions, the reverse isn't always true. Even if your charges are dropped or reduced through a plea deal, don't assume your license will automatically return to good standing. Let the Lento Law Firm advocate for you, using the outcome of your criminal case to challenge the RN Board's concerns and protect your nursing career.

Mitigating License Impact with a Nurse Rehabilitation Program

If the RN Board thinks that your DUI or DWI is indicative of a larger substance abuse problem, you may have to participate in a rehabilitation program for nurses in order to keep your license. The board may forgo disciplinary measures if you qualify for and enroll in the Impaired Nurse Treatment Program (INTP). This program is designed to rehabilitate nurses and help them return to safe and effective nursing practice.

To qualify for the INTP, you must meet the following criteria:

  • Hold, or be eligible to hold, a Registered Professional Nurse license in West Virginia or be in the process of applying for licensure.
  • Willingly agree to participate in the program.
  • Have not been previously terminated from the program.
  • Have a substance abuse issue or psychiatric condition that impairs your ability to practice nursing safely.

If the WV RN Board has evidence that you struggle with substance abuse and it compromises your ability to practice professional nursing, your license may be at risk. For eligible nurses, the INTP offers a pathway to retain your license and continue your career. However, the program may not be suitable for everyone.

For instance, you can be barred from participating in the program if:

  • You diverted controlled substances in a manner other than for self-use.
  • Your participation in the program creates too big a risk for the other program participants.
  • You have a current or past history of patient harm.
  • You have past or current legal charges that require disciplinary review, or you have a prior felony conviction.
  • You have a previous disciplinary action pending in another state.

If you are concerned about the possibility of losing your nursing license in West Virginia, consulting with our Professional License Defense attorneys is crucial. Our team can review your situation and help you determine the best course of action to protect your career.

You can read more on this topic on our resource page about substance abuse programs for nurses in West Virginia.

Criminal Defense Isn't Enough for Nurses

The severity of your criminal conviction—or lack thereof—can certainly influence your license investigation and hearing. However, it's crucial to understand that your criminal defense attorney, no matter how effective in court, likely lacks the knowledge required to defend your nursing license before the West Virginia RN Board. These processes are entirely separate governed by different standards of evidence and outcomes.

The Lento Law Firm Professional License Defense Team understands West Virginia's statutes, regulations, and RN Board policies regarding DUIs/DWIs and licensure. Our attorneys have hands-on experience representing nurses before the board, addressing concerns related to DUIs or DWIs, substance abuse, and other professional challenges. If maintaining your license is a top priority, relying solely on a criminal defense attorney unfamiliar with nursing-specific laws can jeopardize your career.

The Lento Law Firm represents nurses from some of West Virginia's largest hospitals and healthcare facilities, providing the guidance needed to protect their licenses and careers:

  • JW Ruby Memorial Hospital at WVU - Morgantown
  • CAMC General Hospital - Charleston
  • Cabell Huntington Hospital - Huntington
  • United Hospital Center - Bridgeport
  • St. Mary's Medical Center - Huntington
  • WVU Medicine Wheeling Hospital - Wheeling
  • Camden Clark Medical Center - Parkersburg
  • WVU Medicine Berkely Medical Center - Martinsburg
  • Mon Health Medical Center – Morgantown

No matter where you practice in West Virginia, our Professional License Defense Team is ready to represent you in RN Board meetings and negotiations to protect your nursing license from the impact of DUI charges, convictions, or arrests. We recognize the importance of having skilled and dedicated representation to protect your career, and we are here to support you every step of the way.

Contact the Lento Law Firm if a DUI or DWI Threatens Your Nursing License

A DUI or DWI conviction or criminal allegation almost always prompts an investigation by the West Virginia RN Board, putting your nursing license at serious risk. In such a critical situation, relying on inexperienced legal counsel or solely on a criminal defense attorney can jeopardize your career. You need attorneys who specialize in license defense and understand the unique challenges nurses face.

The Lento Law Firm provides dedicated representation to nurses nationwide, including those in West Virginia, facing license threats due to DUIs and DWIs. A conviction doesn't automatically mean your license will be suspended or revoked. In many cases, there are strategies to avoid disciplinary action entirely.

Reach out to our Professional License Defense Team today at 888-535-3686 or contact us through our form on our website. We understand the effort it took to achieve your nursing career, and we are committed to helping you safeguard it against disciplinary challenges.

CONTACT US TODAY

Attorney Joseph D. Lento and the Lento Law Firm are committed to answering your questions about Physician License Defense, Nursing License Defense, Pharmacist License Defense, Psychologist and Psychiatrist License Defense, Dental License Defense, Chiropractic License Defense, Real Estate License Defense, Professional Counseling License Defense, and Other Professional Licenses law issues nationwide.
The Lento Law Firm will gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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