Getting arrested for driving under the influence (DUI) in Connecticut can result in major criminal penalties. Depending on your occupation, a DUI could also affect your career. For example, if you're a Connecticut nurse, a DUI could put your nursing license at risk.
The Connecticut State Board of Examiners for Nursing (or simply the Board) has the legal authority and duty to discipline a nurse when there is reason to believe they can't practice safely. If a nurse has a DUI, the Board may take action to prevent a nurse with potential substance abuse issues from putting the public at risk.
The forms of disciplinary action the Board has the authority to take can significantly impact a nurse's career. In some cases, Connecticut nurses with DUIs may have to worry about losing their nursing licenses, at least temporarily.
You'll enjoy much greater peace of mind now if you know that qualified legal professionals are defending you. Although a criminal defense lawyer can help with the criminal side of your case, you still need assistance from professionals who understand how the Board handles these matters.
That's exactly what you'll find at the Lento Law Firm's Professional License Defense Team. Our attorneys have the unique experience necessary to provide an effective defense in your case. Learn more about what we can do for you by submitting your information through our online contact form or calling us at 888-535-3686 today.
Connecticut DUI Laws and Criminal Penalties
Under Connecticut law, someone may commit a DUI if they operate (or attempt to operate) a motor vehicle under either of the following conditions:
- They are under the influence of alcohol, an intoxicating drug, or a combination of intoxicating substances.
- They have an elevated blood alcohol content (BAC), meaning their BAC is at least 0.08 (although the limit is lower for commercial drivers).
It's not necessary for the police or district attorney to prove a driver had a high BAC to charge them with a DUI in Connecticut. Even if their BAC wasn't 0.08 or higher, they may still be charged if evidence otherwise indicates they were impaired.
The criminal penalties someone may face for a DUI in Connecticut can depend on many factors. For example, if this is someone's first DUI, their driver's license may be suspended for 45 days, and they may need to install an ignition-interlock device (IID) in their vehicle to get their license back.
An IID is essentially a breathalyzer that connects with a driver's vehicle. It ensures that driver isn't intoxicated before they start driving. After a first DUI in Connecticut, a driver may need to install an IID in their vehicle for a period of one year. Consequences become more significant for subsequent offenses.
That's not to mention the professional consequences someone might face after a DUI in Connecticut. If you're a nurse, a DUI could have significant implications for your career. Protect yourself and your future by enlisting the help of our Professional License Defense Team at the Lento Law Firm.
The Potential Professional Consequences for a Connecticut Nurse with a DUI
The wording of the law in Connecticut grants the Board significant flexibility in regard to determining what forms of disciplinary action may be warranted when a nurse with a DUI appears to be unable to practice nursing safely. Types of disciplinary action the Board may take include:
- Reprimand: A formal reprimand is essentially a warning in that it usually doesn't place any actual restrictions on a nurse's ability to practice in Connecticut. However, because the Board maintains a public list of disciplinary actions it has taken, other parties (like potential future employers) could still learn about a reprimand.
- Summary Suspension: Summary suspension is an option the Board may consider when there's reason to believe a nurse may be an immediate danger to the public and can't practice safely until the Board can investigate the matter further.
- Probation: The Board may conclude that a nurse should keep the privilege to practice nursing in Connecticut, but that they must abide by certain conditions during a temporary probationary period to do so. Failing to abide by any of the conditions of probation during this period can result in more significant consequences or penalties.
- Revocation: The Board may revoke a nurse's license in some cases. When this happens, a nurse will have to go through the entire licensing process over again if they wish to practice nursing again in Connecticut.
It's imperative to remember that this isn't a criminal case. That means a criminal defense attorney isn't necessarily the right fit for your needs. However, like the district attorney or judge in a criminal case, the Board may be willing to account for mitigating factors when determining what types of disciplinary action are appropriate for a nurse with a DUI. Examples of such mitigating factors include:
- Strong overall job performance
- A history that's otherwise free of disciplinary problems
- Positive reports from colleagues, employers, etc.
Presenting these mitigating factors to the Board is just one way our Professional License Defense Team at the Lento Law Firm may help you secure an ideal outcome during a Board investigation. Or, we can attempt to negotiate a deal in which you agree to a certain form of disciplinary action in exchange for avoiding more significant penalties.
Should You Self-Report a DUI to the Connecticut State Board of Examiners for Nursing?
Yes. In some states, it isn't necessary for a nurse to self-report a DUI unless it results in a conviction.
Connecticut is different. Connecticut law requires all health care professionals (which includes nurses) to self-report any arrests relating to drugs or alcohol to the Department of Public Health no later than 30 days after said arrest. In addition, prospective nurses in Connecticut must typically provide the Board with information about past convictions when applying for their licenses.
Don't try to avoid self-reporting your arrest. The Board is likely to learn of it eventually. The penalties you may face if it's discovered you attempted to conceal a DUI may be significantly greater than they would have been if you complied with the rules.
Be aware Connecticut has mandatory reporting rules, meaning certain other parties (such as your colleagues) may be required by law to report you to the Board if they suspect you have a substance abuse issue or other such problem that negatively affects your ability to practice nursing safely. If you don't report your own DUI in a timely manner, someone else may contact the Board to report their concerns before you can, putting you at a disadvantage.
That said, you might worry about making errors during the self-reporting process that could harm your case. That's not something you need to be concerned about when you hire professionals with experience representing nurses in your position. At the Lento Law Firm, our Professional License Defense Team can help you navigate all aspects of your case, including the initial self-reporting steps.
How the Connecticut State Board of Examiners for Nursing Investigates DUIs
The Board doesn't provide specific information about its investigation process when a nurse self-reports a DUI, or someone else files a complaint. This is partially because the specifics of the process can vary from one situation to another.
Generally, though, upon learning of potential issues regarding a nurse's ability to practice safely, investigators will begin by gathering evidence and data. This can involve everything from speaking with a nurse's coworkers to reviewing police reports. Investigators will then present their findings to the Board, which will determine whether to move forward with potential disciplinary action.
You need to walk a fine line during an investigation. As with a criminal case, “cooperating” too freely could result in you making harmful statements the Board ends up using against you later. On the other hand, if the Board contacts you requesting certain documentation or information, you certainly shouldn't ignore these requests.
Walking this line doesn't need to be as difficult as you might imagine. If you have proper representation, you'll have legal professionals there to help you whenever you have questions about what you should and shouldn't do during each stage of the investigation. Our attorneys at the Lento Law Firm's Professional License Defense Team will gladly provide all the help you need when you're not sure what to do next.
HAVEN for Connecticut Nurses: A Potential Alternative to Disciplinary Action
The Connecticut Health Assistance Intervention Network (HAVEN) is a support program for health care and medical professionals in Connecticut struggling with substance abuse issues. Sometimes, a nurse facing disciplinary action after a DUI can participate in this program as an alternative to formal discipline. The Board will account for various relevant factors to determine whether such an arrangement is acceptable.
The conditions of the program can vary depending on the needs of an individual. Common examples of conditions the program involves include:
- A requirement to undergo periodic drug/alcohol testing
- Being examined by mental and addiction health professionals, typically at a nurse's own expense
- A requirement to undergo any treatment that may be deemed necessary after an evaluation, which would be quite rigorous in some cases
- Agreeing not to participate in certain social activities that might increase one's odds of using dangerous substances
Those are just examples. They're provided to help you understand that the obligations the HAVEN program involves may be excessively burdensome in some cases. The point is that agreeing to participate in HAVEN, even if it represents an alternative to disciplinary action, isn't automatically the ideal choice for all nurses.
Our Professional License Defense Team at the Lento Law Firm can answer your questions on this subject and help you better understand the advantages and disadvantages of participating in HAVEN. This is just one instance in which having our help can make navigating this process much simpler.
Why a Criminal Defense Attorney Can't Serve Your Needs
Contacting a criminal defense lawyer shortly after being arrested for a DUI is certainly smart. Having legal representation is critical when navigating the criminal justice system.
However, it's also critical to understand that the criminal justice system operates according to its own rules and procedures. Those rules, procedures, and general “habits” may differ from the processes of the Board. In addition, the types of evidence that are considered particularly valuable in a Board investigation may not be relevant during a criminal investigation, and vice versa.
Helping you navigate a complex investigation (and all other steps your case may involve) is one of the top responsibilities of your lawyer. They can't fulfill this duty appropriately if they're unfamiliar with the unique complexities a Board investigation may involve. To protect your nursing license, you need assistance from lawyers who specifically handle cases like this.
At the Lento Law Firm Professional License Defense Team, we serve nurses throughout Connecticut, representing nurses from such noteworthy medical and health care facilities as:
- Yale New Haven Hospital - New Haven
- Hartford Hospital - Connecticut
- St. Francis Hospital and Medical Center - Connecticut
- Albert J. Solnit Psychiatric Center-South Campus - Middletown
- Bridgeport Hospital - Bridgeport
- Bristol Hospital - Bristol
- Charlotte Hungerford Hospital - Torrington
- Connecticut Children's Medical Center - Hartford
That's by no means a complete list. Don't worry if you don't spot your employer there. If you're a nurse working in Connecticut, and your professional license is in jeopardy because of a DUI, our team is prepared to offer the defense you deserve right now.
Contact the Lento Law Firm for Help When a DUI Threatens Your Connecticut Nursing License
You made the admirable decision to pursue a career in nursing because you have a desire to help people. There's no need to let a DUI prevent you from continuing to work in this much-needed field.
It's understandable to be worried when you know a DUI can jeopardy your nursing license in Connecticut. However, you'll experience much greater comfort when you realize there are legal professionals out there who specifically work with clients like yourself. Their knowledge and experience can play a vital role in your case's outcome.
At the Lento Law Firm, our Professional License Defense Team is on hand to help you protect a career you've fought hard for. Get started today by sending in your information via our online form or by calling us at 888-535-3686.
