Being convicted of driving while under the influence of alcohol or drugs in Massachusetts is a serious offense that is punishable by both a fine and imprisonment. However, if you are a licensed nurse in Massachusetts, the criminal penalties for DWI are only the beginning of your troubles. That's because the Massachusetts Board of Registration in Nursing has the legal authority to investigate and then sanction your license after a criminal conviction.
Are you a licensed Massachusetts nurse who has been convicted of driving while intoxicated? This offense carries significant punishment, but licensed nurses can face further sanctions from the Massachusetts Board of Registration in Nursing. These sanctions can include public reprimands, suspensions, and other adverse actions that may jeopardize your career. You have the right to defend yourself! Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online today.
Massachusetts DWI Laws
It is illegal to operate a motor vehicle in Massachusetts while under the influence of alcohol or controlled substances. The Massachusetts General Laws regard anyone who operates a motor vehicle with a blood alcohol content (BAC) above .08 as under the influence and therefore subject to arrest. Driving after using drugs of any kind, whether prescription or illegal, is also strictly prohibited. That prohibition also includes marijuana, even if it's medically prescribed by a doctor.
A first conviction for DWI in Massachusetts will carry the following penalties:
- A fine ranging from $500-$5,000 and/or
- A prison sentence of up to two and a half years
Even if you're placed on probation, or your attorney arranges for deferred adjudication, you will still be required to pay an assessment of $250. This assessment cannot be waived under any circumstances, including a court order. Additional DWI convictions will carry increased punishments, including a minimum thirty-day sentence that cannot be suspended. The potential fines increase from a minimum of $600 to a maximum of $10,000.
All these penalties will come in addition to the suspension of your driver's license for up to one year from the date of your conviction. Additional penalties can apply if there are aggravating circumstances surrounding your conviction. Examples of these potentially aggravating circumstances include, but are not limited to, the following:
- The presence of an open container of alcohol in your vehicle at the time of the arrest
- The presence of a minor in your vehicle at the time of the arrest
- Causing a vehicle accident that resulted in severe bodily harm or death
The Massachusetts Board of Registration in Nursing
The Massachusetts Board of Registration in Nursing (also referred to as “the BON” or “the Board”) is responsible for licensing and oversight of the nursing profession in Massachusetts. The Board's primary function is to “protect the health, safety, and welfare of the citizens of the Commonwealth through the fair and consistent application of the statutes and regulations that govern nursing practice."
Ensuring that all of Massachusetts' licensed nurses adhere to a high standard of conduct on and off the job is an essential part of the Board's mission. Any activity that has the potential to negatively impact a nurse's performance or compromise patient safety is a concern to the board. Criminal convictions for DWI by licensed nurses could certainly qualify as dangerous behavior.
A DWI conviction might be indicative of substance abuse and criminal activity, both of which are issues the Board does not want any of its licensees to have. That is why the Massachusetts nursing license application process includes a criminal background check for new applicants, and nurses are required to self-report criminal convictions that occur when they are licensed.
It is Imperative to Self-Report
Massachusetts' nursing rules ban people who have criminal convictions from being licensed. That also means that licensees who are convicted of crimes are automatically in violation of Massachusetts nursing rules. If you find yourself in this position after a DWI conviction, the important thing to remember is that there may be a way for our team to guide you through the disciplinary process with your license intact.
With that said, our options in defending your license could be narrowed significantly if you fail to self-report your conviction. The Board may view your failure to self-report as an attempt to circumvent the nursing rules, something that could subject you to additional discipline above and beyond the sanctions for your DWI conviction. This is why we recommend you contact our team immediately after your conviction.
Self-reporting is a vital step that shows the Board you are willing to take responsibility for your actions. However, there is a way to self-report a DWI conviction without volunteering unnecessary information and possibly exposing yourself to further discipline. When you work with our team, we'll help you comply with the Board's self-reporting requirements without making your situation more complicated than it needs to be.
Standard of Conduct for Massachusetts Nurses
Every licensed Massachusetts nurse is required to comply with the Standards of Conduct established by the Massachusetts Commercial Regulations. Section 47 of these standards specifically prohibits “any behavior that is likely to have an adverse effect upon the health, safety, or welfare of the public.”
Sections 36 and 37 bar nurses from practicing while impaired and from the unlawful possession of controlled substances. It is also prohibited for any licensed nurse to “engage in conduct that undermines public confidence in the integrity of the profession.” Suspicion of violating this rule or being convicted of a crime are listed as “grounds for investigation” by the Board.
Potential Punishments
The Board has a wide range of potential punishments and sanctions it can apply to nurses after a DWI conviction. This range of potential punishments is designed to give the board the maximum flexibility in assessing a penalty that is commensurate with the violation. At the lower end of the disciplinary spectrum are options like stayed probation or a reprimand.
In a stay probation, the board may establish a set of “temporary conditions” that you must satisfy for a designated time while still being able to practice. However, a stay probation will not constitute “official discipline” if you comply with the terms. A reprimand is an official disciplinary sanction delivered as a public admonition that will be a part of your record but will not prevent you from continuing to practice.
These are alternatives to the harshest Board disciplinary measures, but if you are convicted of DWI with a stayed probation or reprimand already on your record, the subsequent punishment could be more severe. It's also possible for the Board to place your license on a non-stayed probation. Under this discipline, you would still be allowed to practice (subject to conditions set by the board), but it would become public and stay on your record.
The Harshest Punishments
The two harshest measures the Board can impose after a DWI conviction are license suspension and license revocation. License suspensions are public disciplinary measures that will prevent you from practicing your profession for a period determined by the Board. You may also be required to meet certain criteria set by the Board to regain your license.
In the most severe cases, the Board can revoke your nursing license entirely. Unlike a suspension, where there may be a way for you to regain your license and practice again, a revocation would effectively ban you from the profession for the rest of your life. Our professional license defense team will use the full range of our resources and experience to prevent your license from being suspended or revoked.
Potential Complications of License Discipline
Formal license discipline from the Board, such as probation, suspension, or revocation, are matters of public record that will follow you throughout your career in the nursing profession. Even if you want to practice nursing in another state, almost every state regulatory agency or nursing board in the country will require you to self-report any previous disciplinary history on your license application.
All nursing Boards have the same core mission of protecting the public. Accordingly, they are generally disinclined to grant licenses to anyone who has already shown an inability to comply with the nursing rules in another state. In the unlikely event that they do grant you a license despite having a disciplinary history of license suspension or revocation, prospective employers may be wary of hiring you. Their insurers may also prohibit the hire.
Disciplinary Alternatives to License Suspension or Revocation
The Board understands licensed nurses dedicate years of time and energy to attaining their license. It also recognizes that most licensees work under stressful conditions. That's why the Board created a path for licensees suffering from addiction or substance abuse brought on (in whole or in part) by work-related stress to restore their license status and continue practicing.
This path to license status restoration is known as the Substance Addiction Recovery Program or (SARP). This is a voluntary, confidential program and treatment regimen that you can submit to. The requirements are strict and may vary depending on your condition, but if you complete this alternative-to-discipline program successfully, you may be able to keep your nursing license.
Some requirements of the SARP may include:
- Required attendance at Alcoholics or Narcotics Anonymous meetings
- Random drug and alcohol testing by SARP staff via blood, urine, or hair samples
- Required attendance at therapy sessions
- Quarterly reporting to SARP staff (including a required self-assessment, a report from your therapist, and your employer if you are working while on SARP)
Participation in this program also requires you to sign a Consent Agreement for SARP participation (CASP) that lays out all the stipulations you must adhere to restore your license. Our team can help you submit a SARP application and negotiate your CASP with the BON. The minimum program length is three years, but we will work to get you the most advantageous terms possible. We have extensive experience negotiating these kinds of agreements for licensees.
Why Hire a Professional License Defense Team?
Many licensees make the mistake of assuming the nurse license disciplinary process works the same way as the criminal justice system. This isn't the case, and there is a tremendous difference between professional license defense and criminal defense. First, the BON won't even investigate your case until after you've already been convicted of DWI in criminal court. By that point, all the evidence from your criminal trial can be used in the BON investigation.
Remember that the Board is not here to determine your guilt but whether your conviction makes you a potential danger to your patients while practicing. Our professional license team has extensive experience working with nursing Boards and successfully making the case for why our client should be allowed to continue practicing. We're also well-versed in the due process that the BON must give you during the investigation.
A criminal defense attorney may not have this experience, and you can't afford to leave anything to chance when your career is on the line. You must give yourself the best chance possible to keep your license, and our professional license defense team's track record is proof of our ability to help our clients when the outcome matters most. Don't take chances with your career.
A DWI Conviction Doesn't Have to End Your Nursing Career
Getting convicted of DWI in Massachusetts is one of the worst experiences anyone can go through, and if you're a licensed nurse, the criminal punishment is only part of the nightmare for you. The nursing license you worked your entire life to get could be on the line once you report your conviction to the Board. However, a Board investigation after a DWI conviction doesn't have to result in public license sanctions.
One of the best defenses you can have against this possibility is the benefit of our professional license defense team arguing on your behalf. We have successfully defended nursing licensees from Board discipline in Massachusetts after DWI convictions, and we can do the same for you. Our primary goal in every license defense case is to prevent harsh sanctions and protect your license.
As a licensed nurse, you take pride in giving your patients the best care possible. We take the same amount of pride in giving you the quality license defense you deserve after a DWI conviction. We know you're scared, but we're here to get you through it. We've done it before, and we can do it for you too! Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online today.
