Being convicted of driving under the influence (DUI) in Colorado can result in various criminal penalties. Often, a DUI conviction can also have implications for someone's job. This is particularly true if they're a licensed professional, like a nurse.
The Colorado Board of Nursing (or simply “the Board”) can restrict or revoke a nurse's license if they're unfit to practice. A DUI could thus result in a Board investigation that significantly limits a nurse's ability to work in their chosen field.
If you're a Colorado nurse with a DUI, don't face a Board investigation alone. Our Professional License Defense Team at the Lento Law Firm is available to offer representation at this critical time. Learn more about what we can do for you by contacting us online or calling our offices at 888-535-3686.
Colorado DUI Laws and Criminal Penalties
Someone may be guilty of a DUI in Colorado if they operate a motor vehicle (or attempt to operate one) with a blood alcohol content (BAC) of 0.08 or more.
However, the law states that a police officer doesn't need to have confirmation that a motorist has a BAC over the limit to arrest them. They merely need evidence indicating the driver is impaired. This is important, as you can also be arrested for and charged with a DUI if you're impaired by drugs and other substances that might not show up in a typical BAC test.
Be aware that you can even get in legal trouble if your BAC is confirmed to be below 0.08. In Colorado, if a motorist's BAC is at least 0.05, they may be guilty of driving while ability impaired (DWAI). Although less serious than a DUI, a DWAI can still result in various forms of consequences.
Many factors can influence the legal penalties someone may face for a DUI in Colorado. For example, the penalties for a first DUI are typically less significant than those for a second or third charge. Additionally, whether a motorist caused an accident or was driving with children in the vehicle can affect the penalties they may face.
The financial cost of a first DUI in Colorado can add up to $13,500 or more. Motorists convicted of DUIs may also face jail time, requirements to install ignition interlock devices (IIDs) in their vehicles, and other penalties and requirements.
Those are just examples of legal penalties a driver could incur for a DUI. If someone with a Colorado DUI is also a nurse, they may face additional consequences during a Board investigation.
Nurses in Colorado May Face Professional Consequences for DUIs
The Board has legal authority to take disciplinary action against a nurse's license for various forms of misconduct. Often, the Board considers disciplinary action when allowing a nurse to continue practicing may represent a danger to the public.
If a nurse has a DUI, it could mean they have a substance abuse issue. A nurse struggling with addiction or a similar issue may be unable to treat the public safely. There's also reason to be concerned about allowing someone with a substance abuse issue to access medications and other such items.
There's no guarantee the Board will take disciplinary action when it opens an investigation. Further down in this guide, we'll cover how an investigation may play out and why it might not necessarily lead to discipline.
If the Board finds disciplinary action is warranted, examples of actions it can take include:
- Denial: The Board may refuse to issue a new license to a prospective nurse or renew a nurse's existing license.
- Letter of admonition: A letter of admonition is a version of formal reprimand. It's essentially an official warning letting a nurse know they may face greater consequences in the future if they engage in similar violations.
- Suspension: When the Board suspends a nurse's license, the nurse will be unable to practice nursing in Colorado until the suspension ends. Per the law, a suspension can be for a definite or indefinite period of time. In some cases, when suspension ends, nurses have to abide by certain requirements and conditions, similar to probation.
- Revocation: The Board may revoke a nurse's license entirely if doing so is in the best interests of the public.
Many different factors can influence the Board's decision when it considers disciplinary action in a case like yours. Examples include:
- Any past violations or conduct issues
- What the inquiry panel discovers about a nurse's conduct during an investigation
- Whether a nurse has taken or is willing to take steps to address a misconduct issue
Our team at the Lento Law Firm understands the types of factors the Board may account for when deciding whether to take disciplinary action against your license. We can present your case to the Board in an attempt to avoid disciplinary action altogether. Or, when this isn't an option, we'll show why the disciplinary action the Board takes should be lenient.
Do You Have to Report a DUI Arrest to the Colorado Board of Nursing?
The Colorado Nurse Practice Act (NPA) doesn't require nurses to report DUI arrests. However, it does require nurses to report convictions to the Board within 45 days. Failure to report a conviction is itself grounds for disciplinary action.
That said, it's worth noting that other parties, like patients and coworkers, can report a nurse when they have reason to believe said nurse has engaged in some form of misconduct. If your DUI is the result of a substance abuse issue, for example, someone else may file a complaint even if you're not convicted.
What Does a Colorado Board of Nursing DUI Investigation Consists Of?
The disciplinary process when a Colorado nurse has a DUI that may indicate the need for disciplinary action begins in one of two ways:
- Someone files a complaint against a nurse, or
- The Board initiates its own investigation after becoming aware of an issue through other means (such as a nurse self-reporting a DUI).
If someone else files a complaint against a nurse, the Board will notify the nurse first before taking further action. Upon receiving notification of the complaint, a nurse has 30 days to contact the Board addressing the matter. Failure to respond to the notice in a timely manner can result in disciplinary action.
An inquiry panel will begin its investigation once it receives a nurse's response to the complaint. The Board states the specific details of an investigation can vary on a case-by-case basis, with factors like the nature of a nurse's alleged misconduct influencing how the panel investigates a matter. During an investigation, panel members may review relevant evidence and documentation (such as police reports) as well as interview various parties who may be able to provide information about a nurse's overall competence.
The following are potential outcomes once the inquiry panel completes its investigation:
- It's determined that a complaint is without merit and should be dismissed.
- The Board determines that, regardless of whether a complaint has merit, there is no reason to take further action.
- The Board finds there is no reason to take formal action against a nurse, but the nurse has engaged in conduct that could lead to more serious repercussions if the matter isn't addressed now. Thus, the Board may send the nurse a formal letter explaining the situation and how failure to correct their behavior or conduct could lead to consequences later on.
- The Board determines there's no reason to take formal action against a nurse, but a complaint nevertheless has merit. In this case, the Board may send a letter of admonition to the nurse, which is essentially a more emphatic version of the above.
- It's determined that an inquiry panel uncovered facts warranting further proceedings. A formal complaint will be filed in these circumstances.
When a formal complaint is filed, a hearing is scheduled during which both sides can present their cases. Members of the Board will serve as the hearing panel. An administrative law judge will preside over the hearing. The outcome of this hearing will typically determine whether a nurse is subject to disciplinary action.
A nurse participating in such a hearing has the right to hire a lawyer to represent them. Doing so is wise. As with a criminal trial, having proper representation can help a nurse avoid making statements that could ultimately be harmful. In addition, a qualified attorney can help a nurse present their case to the Board.
We at the Lento Law Firm's Professional License Defense Team can help you every step of the way if your case leads to a hearing. Along with representing you during the hearing itself, we can help you prepare for it in the days and weeks leading up to this critical date.
The Colorado Peer Assistance Service: A Potential Alternative to Disciplinary Action When a Nurse Has a DUI
The Colorado Peer Assistance Service (PAS) is a program nurses and other health professionals may enroll in if they struggle with substance abuse issues. Sometimes, enrolling in this program is an alternative to disciplinary action for a nurse after a DUI. Its purpose is to ensure nurses and other such professionals receive treatment and support for their addictions and related struggles.
That's not to say enrolling in the program is ideal for every nurse. Although the program could theoretically help you avoid disciplinary action, it can also potentially involve burdensome requirements, like a requirement to undergo testing and treatment over an extended period. Weighing the pros and cons of PAS is just one additional way our Professional License Defense Team at the Lento Law Firm can help you.
Why a Criminal Defense Attorney Isn't Qualified to Handle Your Professional License Defense Case
Anything you say during a criminal investigation can be used against you. Even if this is your first time getting in trouble with the law, you may understand this. Perhaps you've acted accordingly, hiring a criminal defense lawyer to represent you shortly after being arrested.
Doing so is wise and necessary. However, don't make the mistake of assuming a criminal defense lawyer is also qualified to defend your license to the Board. The following are key reasons why a criminal defense attorney isn't right for this job:
- One benefit of hiring an attorney is that a lawyer typically understands a complex legal process that their client may not be familiar with. An attorney can thus help a client navigate what may otherwise be uncharted territory for them. Unfortunately, for a criminal defense lawyer, a professional license defense case is itself uncharted territory, as the process of a Board investigation can vary significantly from that of a criminal case. A lawyer could be almost as lost as you during the process if they lack the necessary experience.
- The evidence and factors that influence the Board's decision when considering disciplinary action are not always the same as the types of evidence that judges, police, and district attorneys may prioritize in criminal investigations. In addition, while a criminal case may end with a jury deciding whether or not a client is guilty, there is no such jury in a Board investigation. These types of seemingly “minor” differences can profoundly influence how a lawyer approaches a case.
At the Lento Law Firm, our Professional License Defense team specifically works with clients whose licenses are on the line due to Board investigations or similar circumstances. That's the type of unique legal experience you need when your nursing license is at risk in Colorado because of a DUI. We're ready to serve nurses throughout the state. Major Colorado health facilities whose nurses we can help include:
- UCHealth University of Colorado Hospital - Aurora
- Intermountain Health Saint Joseph Hospital - Denver
- UCHealth Medical Center of the Rockies - Loveland
- UCHealth Memorial Hospital - Colorado Springs
- Sky Ridge Medical Center - Lone Tree
- Animas Surgical Hospital - Durango
- Arkansas Valley Regional Medical Center - La Junta
- Aspen Valley Hospital - Aspen
Those are only a few examples. Rest assured, no matter who your employer is, if you're a Colorado nurse facing license issues because of a DUI, we're available to offer a dedicated defense now.
Contact the Lento Law Firm if a DUI Jeopardizes Your Colorado Nursing License
You've worked far too hard to let a DUI put your nursing license at risk. Although this experience may be frightening, you'll enjoy much greater peace of mind when you know a qualified team is handling your defense. Learn more about what the Lento Law Firm's Professional License Defense Team can do for a Colorado nurse with a DUI by calling us at 888-535-3686 or submitting your information via our online contact form.
