The criminal penalties someone faces after being arrested for driving under the influence (DUI) in Georgia don't cover all the ways an arrest or conviction might affect their life. Depending on their occupation, a DUI could also jeopardize their career.
This is especially true for nurses. If the Georgia Board of Nursing (aka GBN or simply “the Board”), which issues nursing licenses in the Peach State, learns of your DUI, it might take disciplinary action that could limit your ability to practice nursing.
You may know it's smart to contact a criminal lawyer shortly after being arrested for a DUI. That said, a criminal lawyer is likely unfamiliar with the way the Board investigates and handles these types of cases. To protect your career, you also need assistance from legal professionals with experience handling nursing license defense cases in Georgia.
That's exactly the type of attorneys you'll find at the Lento Law Firm Professional License Defense Team. If you're a nurse with a DUI arrest or conviction in Georgia, contacting us fast can help you guard against unreasonable disciplinary action that could have profound implications for your career. Get started today by submitting your information through our online contact form or calling our offices at 888-535-3686.
DUI Laws and Criminal Penalties in Georgia
Georgia has multiple laws regarding DUIs and impaired driving, and the consequences motorists may face if convicted of such violations. Under Georgia law, someone may commit a DUI or similar offense if they operate a motor vehicle:
- While under the influence of alcohol in a way that makes it less safe for them to drive
- While under the influence of any drug that makes driving less safe
- While intentionally under the influence of glue, aerosol vapors, or other such vapors or substances that can make it difficult for someone to drive safely
- While under the influence of two or more of the types of substances referenced here
- With any detectable amount of cannabis or similar controlled substances in their system
- With a blood alcohol content (BAC) of at least 0.08%
The penalties a motorist may face after a DUI or similar impaired driving conviction in Georgia range from small fines to jail time and loss of driving privileges. Factors that may affect the penalties a motorist faces include whether this is a first offense, whether they caused any injuries, the concentration of alcohol or drugs in their system when they were driving, and more.
Georgia Nurses Face More Than Criminal Penalties for DUIs
Being convicted of an impaired driving offense or DUI in Georgia can affect anyone's life in ways that extend beyond criminal penalties. For example, after a conviction, a driver's insurance rates are likely to go up substantially. Additionally, if their driving privileges are limited after a conviction, they may struggle to go about their day-to-day life.
Nurses also face disciplinary action that can jeopardize their careers. Under the Georgia Nurse Practice Act, the GBN has the authority to discipline nurses who may indicate they're unable to safely practice nursing due to substance abuse issues or similar reasons.
Forms of Disciplinary Action the Board May Take When a Georgia Nurse Has a DUI
The Board considers all these matters on a case-by-case basis. When deciding what types of disciplinary action (if any) to take against a nurse with a DUI, the Board may account for such mitigating factors as:
- Whether the nurse has a history of previous violations or offenses
- A nurse's overall career performance
- The severity of the violation or infraction
Those are just a few examples. Presenting these mitigating factors to the Board on your behalf is just one of the many ways our attorneys could assist you at this time.
Form of disciplinary action GBN may take include:
- Formal reprimand: This is basically a warning the Board may issue when a nurse has no history of previous violations. That said, the Board regularly publishes information about the forms of disciplinary action it takes against nurses. Even though a formal reprimand is a relatively minor form of disciplinary action, if potential employers learn about it, it could affect employment opportunities.
- Probation: A nurse may be allowed to continue practicing nursing while under probation. This can involve being supervised by others, submitting to drug or alcohol testing, etc.
- Temporary nursing license suspension: The Board may temporarily suspend a nurse's license if allowing said nurse to continue practicing could pose an unreasonable hazard to the public. Sometimes, a nurse merely needs to wait for the suspension period to end before they can begin practicing nursing again. However, a nurse may have to satisfy certain other requirements or conditions before getting their license back. Additionally, a suspension can be for a definite or indefinite period.
- Revocation: The Board can revoke a nurse's license. If this happens, a nurse will typically need to get relicensed to continue practicing nursing in Georgia.
- Refusal to issue: The Board can refuse to issue a nursing license to an applicant with a DUI. It can also refuse to issue a new license to a nurse seeking to renew their license.
- Limitations: The Board has fairly significant leeway in regard to the types of disciplinary actions it may take. GBN can limit a nurse's license in whatever way it deems fit when taking disciplinary action.
Georgia law also states that, by obtaining a nursing license in Georgia, a nurse essentially gives their consent to undergo a mental or physical health exam per the Board's requirements. This type of exam is generally meant to confirm a nurse's health will allow them to perform their duties properly. However, the Board may also request that a nurse participate in such an exam to help GBN make its decision in a DUI case.
Understanding how to proceed when facing potential disciplinary action that could harm your career is challenging. This is particularly true if you have limited experience with these matters.
You don't have to navigate this process alone. Nor should you. By enlisting the help of the Lento Law Firm Professional License Defense Team, you'll be confident a qualified legal team is defending your rights.
Should a Nurse Report a DUI to the Georgia Board of Nursing?
The Georgia Nurse Practice Act requires a nurse to self-report any of the following to the Board when applying for or renewing a nursing license:
- A felony conviction (including a nolo contendere plea)
- A conviction (or similar outcome) of a crime involving “moral turpitude”
- A conviction (or similar outcome) of a crime involving dangerous drugs or controlled substances
Technically, none of the above apply to DUIs and impaired driving convictions in Georgia, unless a nurse is convicted of a felony. You might thus conclude that it's acceptable to not report your DUI to the board, particularly if it hasn't resulted in a conviction yet.
That's not always the right move. Often, being proactive and working with the Board directly by self-reporting is wiser than waiting for the Board to find out about a DUI or similar issue. Certainly, you should never try to conceal a DUI when applying for a license renewal.
Speak with a lawyer for more information. A professional license defense attorney can review the details of your case and explain whether contacting the Board to self-report a DUI is the ideal strategy at this time.
Self-reporting is also an option a nurse may consider when planning to participate in a treatment program, while currently participating in a treatment program, or after having successfully completed such a program. Completing a treatment program is one way a nurse could potentially demonstrate to the Board that any disciplinary action the Board takes should be relatively lenient.
Again, the aftermath of a DUI arrest or conviction is a very confusing time for a nurse. It's understandable if you're worried about making the wrong move and accidentally jeopardizing your career right now. At the Lento Law Firm, our Professional License Defense Team can assist you by answering your questions and helping you better understand whether you should report your DUI now.
Usually, you should. That's not to say you should report your DUI without speaking to a lawyer first. Our team will help you report the matter properly.
What Happens When the Georgia Board of Nursing Investigates DUIs?
GBN investigators might first respond to a case by gathering information to present to the Board. Eventually, unless the Board chooses to dismiss or ignore a case outright, the nurse will receive notice of a hearing. If you receive such notice, respond promptly, but strongly consider taking the time to review it with a lawyer first.
The hearing gives the Board an opportunity to hear from anyone who can present relevant evidence or their side of the story. Although the Board may not always inform nurses of this, you have a right to an attorney during a hearing.
It is extremely advisable to allow your lawyers to represent you not only during your hearing, but during any correspondence with the Board as your case plays out. You may be very eager to defend yourself when your nursing license is on the line. However, due to factors like lack of experience, you could run the risk of making statements to the Board that actually harm your case if you attempt to defend yourself.
You don't need to worry about making such errors when you enlist the help of the Lento Law Firm Professional License Defense Team. We'll speak to GBN on your behalf throughout your case, ensuring you don't have to stress about every phone call, email, hearing, etc.
A Georgia DUI and the Nursys System
The Nursys system is a system in which nurse licensing boards from across the country share information with each other. The primary goal is to facilitate the nurse licensing process, so a nurse can easily obtain a license in a new state when they move. Similarly, a nurse who wishes to travel the country providing nursing services can more easily get licensed in Nursys states.
Georgia participates in the Nursys system. Along with the benefits described above, this also means that GBN shares information about disciplinary actions with other states through Nursys.
Always take these matters seriously. The outcome of a Board investigation and hearing can impact your ability to practice nursing both in Georgia and in the many other states participating in Nursys.
Why a Criminal Defense Attorney Isn't the Right Choice for a Nursing License Defense Case After a DUI
DUI cases involving licensing boards and disciplinary action are unique when compared to criminal DUI cases. Consider the following points:
- The burden of proof necessary for a criminal conviction tends to be much greater than that necessary for a licensing board to take disciplinary action.
- Licensing boards consider forms of evidence, testimony, and other such factors that might not be relevant in a criminal case.
- The overall process of investigating and disciplining a nurse for a DUI varies from the criminal process.
- If the Board elects to take disciplinary action, the requirements a nurse must abide by likely won't be the same types of requirements that would apply if they were convicted in a court of law.
Quite simply, although the event that triggered both cases may be the same, a criminal DUI case and a Board investigation into a nurse's DUI are two very different types of cases.
Remember this when seeking legal assistance. At the Lento Law Firm, our Professional License Defense Team specifically works with clients like you, offering a service tailored to the needs of a nurse facing licensing board disciplinary action.
Contact the Lento Law Firm to Protect Your Nursing License After a DUI in Georgia
You worked hard to become a nurse because you have an admirable goal: to help people. It can be very stressful to consider how a DUI may undo all that effort.
It's important to maintain a level head and understand the Board has no incentive to remove qualified nurses from the pool of nurses operating in the state. It's unlikely the Board will revoke your license for a minor DUI, but it's also critical to understand that many factors can affect the Board's decision.
Protect yourself now by seeking representation from attorneys who handle cases like yours. At the Lento Law Firm Professional License Defense Team, we defend nurses employed by such major Georgia healthcare facilities as:
- City of Hope Cancer Center Atlanta (Atlanta)
- Emory University Hospital (Atlanta)
- Northeast Georgia Medical Center (Gainesville)
- WellStar Kennestone Hospital (Marietta)
- Northside Hospital Forsyth (Cumming)
- Emory Johns Creek Hospital (Johns Creek)
Those are just a few examples. If you're a Georgia nurse employed anywhere in the state, and you're facing licensing issues because of a DUI, get started on your case now by calling our offices at 888-535-3686 or submitting your information through our online form.
