The Washington, DC, Board of Nursing (or simply “the Board”) licenses and supervises nurses in DC under the DC Nurse Practice Act (NPA). One of the Board's responsibilities involves disciplining nurses who commit NPA violations.
For example, perhaps a nurse has been convicted of driving under the influence (DUI) or driving while intoxicated (DWI) in the District of Columbia. The Board may take various forms of disciplinary action against a nurse's license in these circumstances. The purpose of doing so is to ensure a nurse with a substance abuse problem doesn't pose a danger to patients.
Are you facing such disciplinary action because you're a DC nurse with a DUI or DWI? If so, our Professional License Defense Team at the Lento Law Firm will offer the unique defense services you need when your career is in jeopardy. Learn more about how we can help by submitting your information through our online contact form or by calling our offices at 888-535-3686.
District of Columbia DUI and DWI Laws and Criminal Penalties
Washington, DC, has both a DUI law and a DWI law. Per the law, someone may be guilty of a DWI in DC if they are operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or greater.
However, a motorist can be impaired without having a high BAC. Another substance other than alcohol may cause impairment. Thus, DC's DUI law allows police to arrest motorists who show other signs of impairment in standard field sobriety tests, even if they don't have the BAC to justify a DUI arrest.
Criminal penalties for a DUI or DWI can vary depending on numerous factors, such as whether this is a motorist's first conviction. Their level of impairment can also contribute to the penalties they may face. For example, a high BAC may be more likely to result in jail time than a DWI or DUI involving a relatively low BAC.
Just remember that, as a nurse, you stand to face more than just criminal penalties if you're convicted of a DWI or DUI. The Board may also respond to your conviction by opening an investigation and considering legal action.
The Potential Professional Consequences a Nurse May Face for a DUI or DWI in DC
DC law grants the Board the authority to take disciplinary action against a nurse's license in several circumstances. The following are a few examples of specific scenarios in which the law may authorize the Board to discipline a nurse because of a DUI or DWI:
- A nurse has been convicted of a crime reasonably related to the practice/profession of nursing.
- A nurse has provided nursing services (or attempted to provide such services) while under the influence of alcohol, a narcotic, or a controlled substance.
- A nurse demonstrates an addiction to narcotics or controlled substances.
- Due to being mentally incompetent or physically incapable, a nurse is unable to treat the public safely.
The law states the Board can ask a nurse to submit to an evaluation by a doctor to determine whether they:
- Are mentally incompetent or physically incapable in a manner that affects their ability to practice nursing safely
- Are addicted to or habitually use a narcotic or controlled substance
- Are likely to have provided or attempted to provide nursing services while under the influence of alcohol, a narcotic, or another controlled substance
Failure to submit to such an evaluation upon the Board's request will typically be regarded as evidence that a nurse has committed a violation. If the Board requests that you participate in such an examination, our team can help understand the potential pros and cons of doing so. We'll protect your rights to ensure the Board uses evidence fairly and collects information properly.
Forms of disciplinary action the Board can take if it determines a nurse has committed a violation include:
- Reprimand: A reprimand is a formal warning. It doesn't typically limit a nurse's legal privilege to practice nursing, but it does get attached to their nursing record, meaning potential employers and members of the public could learn that a nurse's license was subject to disciplinary action. In DC, however, unlike in other states, it's possible to remove a reprimand from a nurse's license upon receiving approval from the Board.
- Denial: The Board can choose not to issue a new license to a nurse applying for their first DC nursing license. Similarly, the Board can choose not to renew the license of a nurse currently working in DC.
- Probation: The Board can require a nurse to work under a variety of conditions during a probationary period. For example, a nurse may be unable to perform certain nursing tasks during probation. Or, they may have to perform their duties under the close supervision of others.
- Limitation: Even if a nurse isn't on probation, the Board could still otherwise limit or restrict their license.
- Suspension: Suspending a nurse's license temporarily prohibits them from practicing nursing in DC. When a nurse receives their license back after a period of suspension, they may have to practice nursing under certain conditions before receiving their full nursing privileges back.
- Revocation: Revoking a nurse's license is a more significant, long-term means of barring them from practicing nursing in the District of Columbia.
- Civil fine: The Board can impose a civil fine of up to $5,000 for every violation a nurse is determined to have committed.
- Course of remediation: The Board can require a nurse to participate in a course of remediation. This can involve therapy, retraining, treatment, mentoring, a requirement to participate in continuing education, and other such requirements.
Whether you have proper representation can make a significant difference in the types of disciplinary action the Board considers. In some instances, a lawyer can even help you present evidence showing why disciplinary action of any type is unwarranted in these circumstances.
At the Lento Law Firm, our Professional License Defense Team has experience representing nurses facing Board investigations because of DUIs or DWIs. We're prepared to help you every step of the way.
Should You Self-Report a District of Columbia DUI or DWI to the Board?
The District of Columbia NPA does not state that a nurse has to self-report a DUI or DWI arrest that doesn't result in a conviction. However, if you do receive a conviction, reporting the matter to the Board promptly is important.
Be aware that others can file complaints with the Board if they suspect a nurse has violated the NPA. If you don't self-report a DUI or DWI conviction, someone else might report their concerns to the Board. Your failure to address the matter proactively could influence the Board's decision regarding disciplinary action.
Contact our Professional License Defense Team at the Lento Law Firm when self-reporting a DUI or DWI. Having our team on your side from the beginning can significantly reduce your burdens now.
What Does a Board DUI/DWI Investigation Look Like in Washington, DC?
The specifics of a Board investigation can vary. For example, the way in which the Board opens and conducts an investigation can differ based on whether a nurse self-reported a DUI/DWI or whether someone else filed a complaint.
Regardless, during an investigation, Board representatives will typically gather information to present to the Board before taking any disciplinary action. This can involve reviewing police reports, interviewing colleagues, and even asking a nurse to participate in interviews or meetings. Don't participate in such interviews without a lawyer present.
Investigators will ultimately present their findings to the Board. If the Board determines disciplinary action may be necessary, it will send a notice of intent to the nurse.
Read this notice carefully if you've received one. It should provide instructions on requesting a hearing. During a hearing, you get the opportunity to present your side of the story.
Having proper legal representation is critical during a hearing. Contact our Professional License Defense Team at the Lento Law Firm to protect your rights throughout both a hearing and an overall investigation.
District of Columbia's Nurse Rehabilitation Program: A Potential Alternative to Disciplinary Action
Disciplinary action isn't the only option the Board may consider when an investigation yields evidence that a nurse has a substance abuse issue. Sometimes, the Board may give a nurse the option of participating in a rehabilitation program via DC's Committee on Impaired Nurses (COIN).
Participating in COIN may be a requirement a nurse must abide by as part of a consent agreement. Failure to do so could result in a nurse facing more significant disciplinary action. Or a nurse can suggest the idea of using COIN themselves during an investigation. On top of that, if a prospective nurse applying for a license in DC has had a DUI or DWI in the last five years, the Board may automatically refer them to COIN.
The COIN program involves substance abuse evaluation and treatment. If you're a nurse with a DUI or DWI in DC, you might assume that agreeing to participate in COIN is always preferable to allowing the Board to consider disciplinary action. You might jump at this opportunity when the Board presents it before thoroughly considering the implications of doing so.
COIN offers a valuable service to nurses genuinely struggling with substance abuse issues and addiction. However, you might not truly be struggling with such issues yourself. Participating in COIN could thus involve submitting to long-term requirements (like a requirement to receive substance abuse treatment, undergo regular drug/alcohol testing, etc.) that may interfere with your professional and personal life. You may also have to cover the cost of treatment and related services yourself.
None of this is meant to suggest that COIN is always a bad idea. At the Lento Law Firm, attorneys with our Professional License Defense Team understand that it's necessary to evaluate these matters on a case-by-case basis. We'll review your case and help you better determine whether COIN is the right option for you.
Why a Criminal Defense Lawyer Can't Defend Your Nursing License
Don't speak to the police after a DUI or DWI arrest. As you likely understand, it's very difficult to make statements to the police that will strengthen your case and very easy to make statements that get used against you later. You're much better off contacting a criminal defense lawyer and allowing them to speak to law enforcement on your behalf.
That's not to say a criminal defense lawyer can serve all your needs in these circumstances. Although they may be qualified to handle the criminal side of your case, they aren't qualified to defend your nursing license.
Understanding the applicable laws and overall processes, a case may involve is one of the greatest advantages a lawyer can offer. An attorney should be able to guide their client through each stage of a case with confidence. However, a criminal defense lawyer may be unaccustomed to the process of a Board investigation.
They also might not understand the types of evidence the Board prioritizes in cases like these. It's much more advisable for a nurse facing disciplinary action to hire legal professionals with specific experience representing clients who've been in this position before.
At the Lento Law Firm Professional License Defense Team, we represent nurses throughout DC. Major DC hospitals and health facilities whose nurses we're prepared to serve include (but aren't limited to):
- George Washington University Hospital
- MedStar Washington Hospital Center
- MedStar Georgetown University Hospital
- Johns Hopkins Medicine-Sibley Memorial Hospital
- BridgePoint Continuing Care Hospital - Capitol Hill
Again, that's not an exhaustive list. If you're a nurse working anywhere in DC, our team is on hand to offer the representation you deserve if your license is on the line because of a DUI or DWI.
Contact the Lento Law Firm if a DUI or DWI Puts Your District of Columbia Nursing License in Jeopardy
Don't let fear and stress paralyze you when a DUI or DWI has triggered a Board investigation. Now's the time to protect yourself and your future by taking steps to defend your license.
Luckily, you don't have to do so alone. Our Professional License Defense Team at the Lento Law Firm has the experience necessary to offer aggressive representation. Get started today by calling our offices at 888-535-3686 or by submitting your information online.
