Being arrested or charged with DWI is stressful. It potentially involves numerous costs and penalties, to say nothing of potentially damaging your reputation. You may lose your driver’s license. Financially, you’re likely facing insurance costs or repairing or replacing your car.
On top of all of this, as a nurse, you may be facing disciplinary action related to your DWI arrest or conviction. On top of defending against criminal charges, you may also need to defend against disciplinary action that could severely impair your ability to work as a nurse.
The Professional License Defense Team at the LLF National Law Firm works with nurses in New Mexico and throughout the United States. We represent our clients against DWIs and other disciplinary actions. We focus on licensing issues and help our clients navigate difficult situations with the goal of protecting their careers and their futures.
If you’re a nurse living in New Mexico and you’re facing a DWI, we can help. Call us at 888-535-3686 or fill out our online form.
New Mexico DWI Laws
Age and profession can affect when a person is guilty of a DWI in New Mexico. The following BAC levels will result in a DWI charge:
- .08 or more for anyone 21 years old or older
- .04 or more for anyone who has a Commercial Driver’s License
- .02 or more for anyone under 21 years old
An individual may also face DWI charges if they’re under the influence of any drug that makes them unable to safely drive a vehicle.
New Mexico requires anyone who is arrested on suspicion of being under the influence to submit to testing. If they refuse, they may face an automatic one-year suspension of their driver’s license.
The state also has aggravated DWIs, which occur when a person is driving and:
- Has a BAC level of .16 or more
- Causes bodily injury to another person because they were driving under the influence
- Refuses to submit to BAC testing, and evidence indicates the driver was under the influence
If someone is found guilty, they face consequences ranging from jail time to losing their license. Individuals convicted of multiple DWIs face steeper consequences. For nurses, a DWI can also put their license at risk.
Out-of-State DWIs and DUIs
That a nurse is convicted of a DWI or DUI in a state other than New Mexico doesn’t change reporting requirements. New Mexico treats out-of-state DWIs and DUIs the same as in-state DWIs for disciplinary purposes.
Laws and policies established by the New Mexico Board of Nursing determine when a nurse has to report a DWI to the board. In New Mexico, a nurse may face disciplinary action for criminal convictions, not criminal charges. The board cannot consider criminal charges in any disciplinary hearings.
This is the case even if the state in which a nurse is facing DWI charges requires nurses to report criminal charges as well as convictions. When a nurse is convicted of a DWI or DUI, the laws of the state where the DUI or DWI occurred control the criminal proceedings. New Mexico laws and rules set by the New Mexico Board of Nursing control any disciplinary action.
Disciplinary Action and DWIs
The New Mexico Board of Nursing has different categories of criminal convictions. Those that fall under ‘Subsection A’ of the board’s Discipline and Application Denials Section are considered disqualifying criminal convictions. This category may disqualify an applicant or a nurse applicant from either obtaining or retaining a nursing license or any other board-issued certification.
DWIs that involve “intoxicating liquor or drugs” fall under Subsection A. This means that:
- The board will consider that criminal conviction as part of an application or renewal
- The board may deny, suspend, or revoke a license or certificate solely because of the criminal conviction
Disqualifying criminal convictions includes plea deals. One of the primary goals of disciplinary action is to protect patients and the general public from nurses who pose a danger or potential danger. Keeping this in mind during the disciplinary process can be useful when determining what evidence and other information is most relevant.
Charged But Not Convicted
New Mexico draws a line between criminal charges and criminal convictions. Criminal charges are accusations, usually from a prosecutor, that an individual might have committed a crime. Criminal convictions, in comparison, mean an individual has been found guilty or pled guilty to a crime.
In New Mexico, the difference between a charge and a conviction is huge for nurses. The board is not allowed to use the following when considering any application for a license or certificate:
- An arrest that doesn’t result in a conviction
- Any convictions that have been sealed, dismissed, expunged, or pardoned
- Any juvenile offenses
- Any convictions for crimes that aren’t listed in Subsection A
In other words, a nurse who has been charged but not convicted of a DWI won’t face disciplinary action. A nurse may still face disciplinary action for substance abuse issues, but only if the board has evidence separate from the DWI charge.
New Mexico Disciplinary Process
Nurses who are convicted of a DWI will likely face disciplinary action. Some may have the option to enter the state’s Diversion Program for Substance Abuse, but nurses should be aware of all of their options before making any decisions. Knowing each option’s pros and cons can help them make an informed decision about the best way to protect their career and the future.
Disciplinary action in New Mexico generally follows these steps:
- Filing a complaint or self-reporting
- Complaint investigation
- Notice of Contemplated Action (NCA)
- Notice of Hearing
- At this point, a nurse may consider settling a case via negotiation
- If the two sides reach a settlement agreement, they must submit the proposed agreement to the Board for approval
- Hearing
- Board decision
- Motion to reopen disciplinary proceedings
- This step is similar to an appeal
- Nurses must submit a written request to the Board before filing any petitions with the relevant district court
- Disciplinary action
In New Mexico, disciplinary actions are public. The Board of Nursing includes names of disciplined nurses in its newsletter and on its website.
For disciplinary actions focused on DWIs, it isn’t uncommon for these first steps to be quick. Investigations, for example, may not involve much more than official documents from the court or a copy of a plea deal.
Settlement Agreements
With a settlement, a nurse and the Board reach an agreement before the hearing. The two sides may reach a settlement agreement at any point before a hearing.
Similar to mediation, in a settlement, the two sides negotiate an agreement. One advantage of a settlement is that it gives a nurse more say in the outcome and what disciplinary action, if any, will be taken against them.
For nurses convicted of DWIs, a settlement can be beneficial because they can’t disprove their criminal conviction. What a settlement can do is give them more say in the agreed-upon disciplinary action.
Settlements, however, can be difficult to appeal and may not allow for an appeal. This means that a nurse has to be confident in the agreement.
Settlements are voluntary. No nurse should feel forced to take a settlement agreement. Nurses should be confident with any settlement agreement because, at the end of the day, they are the person who has to live with the consequences.
The Professional License Defense Team at the LLF National Law Firm can assist nurses who have DWIs and are interested in pursuing a settlement. We can help you build a case and negotiate for favorable terms.
Hearing
The Board or hearing officer will conduct the hearing. Hearings are similar to a court trial. While the rules are slightly more flexible than in court, the general rhythm is similar. Both sides will present relevant evidence, produce witnesses, and provide any other information that supports their side.
A hearing is an opportunity for a nurse to present evidence and defenses. The downside is that nurses have less control over the outcome when compared with a settlement agreement.
After the hearing, the Board will announce its decision at a public meeting. New Mexico requires that they notify the nurse of their decision via certified mail.
Hearing Outcome
Outcomes can vary widely and should be based on the facts of a nurse’s case. The Board may decide a nurse shouldn’t face disciplinary action. They may put stipulations or limitations on the nurse’s license. They may suspend or revoke a nurse’s license. They may put a nurse on probation or limit a nurse’s duties when at work.
Reopen Disciplinary Proceedings
If and when a nurse disagrees with a Board’s decision after a hearing, they must submit a written request to the Board. The Board must decide whether to reopen the case within 15 days of receiving the written request.
The Board has the final authority when deciding whether to grant or refuse the request to reopen a case. Their decision cannot be reviewed unless a nurse can provide evidence of an abuse of discretion.
Reinstatements
In some situations, a nurse may receive probation, suspension, or revocation of their license. In general, nurses cannot request a reinstatement of their revoked license less than one year after it was revoked.
Disciplinary action may include a set time before a nurse can request a reinstatement. They may also have conditions that a nurse must satisfy.
When reinstating a nursing license in New Mexico, a nurse should be prepared to:
- Pay any fees, including reinstatement fees or fees due to a lapsed license
- Evidence that the nurse has met all of the renewal requirements
Diversion Program for Substance Abuse
Nurses may be eligible to enter the New Mexico Board of Nursing’s Diversion Program for Substance Abuse. The goal of the program is to balance public safety with giving nurses a chance for treatment and rehabilitation.
Nurses who self-report substance abuse are automatically eligible for the program. When a nurse is reported for substance abuse issues due to a complaint or from the board, eligibility for the Diversion Program is less clear-cut. Nurses can request admission to the program and can generally request admission even after a disciplinary hearing that finds they did commit misconduct.
Unlike disciplinary action, participation in the Diversion Program is confidential. This means nurses won’t have any public record of their treatment.
The Diversion Program isn’t the right fit for every nurse. Nurses will generally be restricted in what work they can do as a nurse, and they’re responsible for the costs and fees of treatment and drug screenings. Monitoring and reporting can be a source of stress, and the length of the program can potentially be excessive.
The program only allows for voluntary admission. Before agreeing to the Diversion Program, nurses should contact the Professional License Defense Team at the LLF National Law Firm. We can help you understand your options and decide the best path for your unique situation.
Protect Your Career
A DWI conviction can have a profound impact on a nurse’s career and future. Depending on the details of their case, they may have their license suspended or revoked. They may enter the Diversion Program for Substance Abuse. They may be limited in how they can practice nursing or face onerous reporting and monitoring requirements.
New Mexico does prevent nurses who are charged or arrested but not convicted of DWIs from facing disciplinary action. That doesn’t mean they’re exempt from all disciplinary action if they’re dealing with substance abuse issues.
If you’re a nurse who is facing DWI charges, it’s not enough to hire a criminal defense attorney. You also need a license defense attorney. You’re facing not only criminal fines and penalties but also disciplinary action from the Board of Nursing. Being proactive can help to minimize the fallout to your career and your future.
The Professional License Defense Team at the LLF National Law Firm works with nurses throughout the process, whether they have a pending DWI charge or they’re applying for a license and have a previous DWI charge. We help our clients take control of the process and plot the path that’s best for their situation, their career, and their future. Call us at 888-535-3686 or fill out our online form.