Being convicted of driving under the influence (DUI) in Alabama can often put your career at risk. This is particularly true if you're a licensed professional whose work directly involves public safety.
Are you a nurse who's recently been arrested for or convicted of a DUI in Alabama? It's critical to mount a proper defense if so.
This doesn't just involve hiring a criminal lawyer. While a criminal defense attorney may be qualified to handle the legal side of your case, they lack the unique experience and qualifications necessary to defend you against professional disciplinary action.
We at the Lento Law Firm Professional License Defense Team understand you're facing a lot of stress and uncertainty right now. You may worry your career is on the line.
These are understandable concerns. Luckily, when you work with our attorneys, you'll enjoy the peace of mind that comes from knowing legal professionals who specifically handle cases like yours are actively working on your defense. Learn more by submitting your information through our online contact form or calling our offices at 888-535-3686.
Alabama DUI Laws and Criminal Penalties for a Conviction
Alabama's DUI law states it's illegal to operate a motor vehicle when:
- You have a blood alcohol concentration (BAC) of 0.08% or more
- You're otherwise under the influence of alcohol
- You're under the influence of a controlled substance to a degree that prevents you from being able to drive safely
- You're under the influence of a combination of alcohol and a controlled substance to a degree that prevents you from being able to drive safely
Additionally, if someone is under the age of 21, it is illegal for them to operate a vehicle with a BAC of 0.02% or more.
For sentencing purposes, someone's “first” DUI in Alabama is typically the first DUI someone has had in 10 years. That means if someone had a DUI 15 years ago, and they were convicted again, the judge would sentence them as if this were their first conviction.
Common penalties for a first DUI in Alabama include:
- Up to one year in jail
- A fine ranging from $600 to $2100
- 90-day license suspension
- A requirement to install an ignition interlock device in one's vehicle for a period of six months
These penalties can have significant long-term consequences. They're also not the only penalties someone may face after a DUI arrest or conviction in Alabama.
You may also face professional licensing issues if you're a nurse with a DUI arrest or conviction. Our Professional License Defense Team at the Lento Law Firm is available to answer questions about your case and help you better understand how to proceed.
Nurses Can Face Professional Consequences for DUIs in Alabama
The Alabama Board of Nursing (ABN, or simply “the Board”) is the agency responsible for licensing nurses in the state. The Nurse Practice Act grants the Board the authority to take disciplinary action against nurses and applicants for violations of the law or the Board's rules.
The law states ABN is authorized to take disciplinary action when a nurse appears to have a problem with alcohol that negatively affects their ability to practice nursing safely. Similarly, ABN can take action against a nurse who has been convicted of any crime—under state law or federal law—involving controlled substances. Generally, the law also establishes that ABN can discipline a nurse convicted of any crime of “moral turpitude” or any crime that might otherwise reflect poorly upon the nursing profession.
What an Alabama Board of Nursing DUI Investigation May Involve
You might first learn of a DUI investigation by ABN if you receive a notice of a hearing along with a copy of a complaint that's been lodged against you. If a party lodged a complaint regarding your DUI with ABN, the Board would provide you with at least 20 days' notice of a hearing, which is typically held in Montgomery.
The Board may subpoena witnesses in preparation for the hearing. Because the hearing also gives a nurse the opportunity to defend themselves, you should use the time before the hearing to prepare any oral or written testimony you would like to introduce. Your attorneys can assist you with this task.
The Board may request that you provide documentation or information relevant to the case. It's important to comply with these requests promptly. However, speak with your attorneys before responding to ABN whenever you get such a request. We'll help you provide the right documentation and information (while guarding against providing anything unnecessary that could harm your case).
Prior to a hearing, investigators can also take evidence by deposing witnesses. The law requires them to follow the procedures of civil courts when doing so. If at any point it appears ABN investigators are violating the rules pertaining to an investigation, we can step in to protect your rights.
We can also represent you during the hearing. Instead of worrying about this experience as it looms on the horizon, be proactive and coordinate with the Lento Law Firm's Professional License Defense Team. We'll assist you in preparing for the hearing and provide the representation you need during your appearance before the Board.
Potential Disciplinary Actions ABN May Take in an Alabama Nurse DUI Case
The Board may account for various factors when determining what type of disciplinary action (if any) to take against a nurse for a DUI. Such factors may include:
- Whether the nurse has a prior history of disciplinary issues
- Whether the nurse has taken any steps to address substance abuse issues independently
- The severity of the DUI (such as high BAC level, victims, etc.)
- The nurse's general on-the-job performance
Forms of discipline the Board may consider in a DUI case include:
- Fines: ABN can fine a nurse up to $1,000 for every violation of the Nurse Practice Act. If the nurse fails to pay a fine, ABN can take legal action to collect.
- Public reprimand: This form of disciplinary action is similar to a “warning.” A nurse may get to keep their license, but there will be a public record of disciplinary action taken against them. This could potentially affect future employment prospects.
- Probation: If the ABN determines that probation is appropriate, a nurse may be able to continue practicing nursing under certain conditions. Because the nature of those conditions can vary on a case-by-case basis and because they can sometimes be complex, it helps to have guidance from lawyers who can answer any questions you may have about the terms of probation.
- Suspension: Temporarily suspending a nurse's license is a more significant form of disciplinary action that the Board may opt for if a nurse has prior violations, if there's reason to believe the nurse could endanger patients, etc.
- Revocation: The Board may determine it's necessary to revoke a nurse's license if doing so is in the best interests of the public. Upon a license being reinstated after a revocation, a nurse may still be subject to an additional period of probation.
An investigation by the ABN may not technically be a criminal matter. That said, it's sometimes possible to approach these types of cases with similar goals to those you would have in a criminal case.
For example, in a criminal DUI case, a lawyer may be able to negotiate a deal with the judge and district attorney that minimizes sentencing while requiring their client to plead guilty to a lesser charge. Similarly, the Board is sometimes open to negotiations. Negotiating a deal is just one option we may consider when working on your defense strategy at the Lento Law Firm's Professional License Defense Team. We'll review the details of your case and tailor our strategy accordingly.
Should You Report a DUI to the Alabama Board of Nursing?
Per ABN, when applying for a license or a renewal, an applicant must report any arrests, charges, and convictions, including reporting cases that were ultimately dropped. Cases that need to be reported include those resolved via:
- A guilty plea
- A nolo contendere plea
- Trial
- Deferred prosecution or similar pre-trial agreement
Be aware that someone can file a complaint against you with ABN if they learn of your DUI. Although you might think it's wise to hide an arrest until you see how the case develops, attempting to conceal legal trouble could negatively influence the outcome of any eventual professional license case that develops.
However, enlisting the help of attorneys first may be wise, particularly if you're not even sure whether yours is the type of matter that should be reported. Review your case with our Professional License Defense Team at the Lento Law Firm for answers to your questions and assistance with reporting a DUI properly.
The Voluntary Disciplinary Alternative Program: An Option to Be Aware Of
The Voluntary Disciplinary Alternative Program (VDAP) in Alabama is, as the name implies, an alternative to disciplinary action that is sometimes available to nurses struggling with substance issues.
A nurse can voluntarily agree to participate in VDAP, although the Board doesn't have to offer this option. The terms of the program can vary depending on the details of an individual case. Typically, though, VDAP involves participating in substance abuse treatment, counseling, peer support programs, etc.
It also involves long-term monitoring. This is one of the potential drawbacks of the program. For example, it's not uncommon for a nurse to be monitored for five years upon agreeing to participate in VDAP.
Our Professional License Defense Team at the Lento Law Firm can help you better understand the pros and cons of this option. If you believe it's an option you'd like to pursue, we can also explain to the Board why it deserves consideration.
A Note on Alabama and the Nursys System
As in most states, when ABN takes disciplinary action against a nurse, it creates a public record of said action. Additionally, like most states, Alabama is a Nursys state.
The Nursys system allows nurse licensing agencies across multiple states to share information. This can help streamline the licensing process. However, it also means that if a nurse with a DUI in Alabama attempts to get licensed or hired elsewhere, the record of disciplinary action may show up in their Nursys information.
It's extremely important to take a professional license case seriously. The outcome of your case in Alabama can affect your career anywhere in the country.
Why Criminal Defense Isn't Right for a Case Involving Professional License Issues
It's natural to assume you might be safe hiring a criminal defense attorney to handle both the criminal and professional license defense side of your case. However, hiring a lawyer without experience in these matters could prevent you from achieving an ideal outcome.
The investigative process of ABN is different from that of law enforcement or prosecutors. Factors such as the standard of evidence are also quite different in these two types of cases.
A lawyer who isn't familiar with Board processes can't effectively help you navigate a case in which your professional license is at risk. For this type of case, you need representation from attorneys who have experience defending nurses under Board investigation in Alabama.
At the Lento Law Firm, our Professional License Defense Team is available to represent a nurse working at any healthcare facility in the state, including such major examples as:
- University of Alabama at Birmingham Hospital - Birmingham
- Huntsville Hospital - Huntsville
- Mobile Infirmary Medical Center - Mobile
- Andalusia Health - Andalusia
- Ascension Providence Hospital-Mobile - Mobile
Those are just a few examples. It doesn't matter who your specific employer is or where you work in Alabama—if your nursing license is in jeopardy because of a DUI, we at the Lento Law Firm Professional License Defense Team can offer a unique defense that you can't get from a criminal defense firm.
Get Help From the Lento Law Firm if an Alabama DUI Jeopardizes Your Nursing Career
Nursing is an admirable profession. You dedicated years of your life to rigorous study, all with the goal of having a career that allows you to make a positive impact in others' lives.
Don't let a DUI jeopardize everything you've worked so hard for. At the Lento Law Firm, our Professional License Defense Team offers the qualified service you need right now. Protect your future by contacting us today through our online form or calling us at 888-535-3686 for your free consultation.
