Being caught driving under the influence (DUI) in Illinois can result in significant criminal penalties. Depending on other factors, such as your occupation, a DUI can affect your life in ways you might not have anticipated—even if you beat the criminal case.
For example, perhaps you're a nurse. If the Illinois Board of Nursing (referred to hereafter as the “Board”) discovers you've been arrested for and/or convicted of a DUI, it may take action against your professional license.
You've worked hard to become a nurse and serve the public. At the Lento Law Firm Professional License Defense Team, we can help you guard against losing your nursing license if the Board investigates your DUI case. Learn more about what we can do for you by submitting your information through our online contact form or calling our offices at 888-535-3686 today.
Illinois DUI Laws
Under Illinois law, someone may get a DUI if they're operating a motor vehicle:
- With a blood alcohol content (BAC) of at least .08%
- With a THC (cannabis) concentration of at least 5 nanograms per milliliter of whole blood or at least 10 nanograms per milliliter of any other relevant bodily substance
- After having used any controlled substance
- While impaired by medication
The criminal penalties someone may face if they're convicted of a DUI in Illinois are wide-ranging. Many factors can influence such penalties, including whether this was a first offense, what the driver's BAC or THC concentration was at the time of arrest, whether anyone was injured, whether there were children in the car and more. Common criminal penalties in Illinois DUI cases include:
- Temporary suspension of driving privileges (although someone convicted of a DUI may still be permitted to drive to work, grocery stores, etc.)
- Fines
- Community service
- Revocation of driving privileges
- Suspension of vehicle registration
A DUI can also affect your life beyond the criminal penalties. Examples include:
- Higher insurance costs
- A requirement to participate in a drug/alcohol evaluation and drug/alcohol education course or treatment program before getting your driving privileges back
- Having a DUI part of your permanent driving record
In addition, if you're a nurse, a DUI could affect your employment both now and in the long run. Be aware that board investigations into these matters are unique from criminal cases.
You might think to hire a criminal lawyer after a DUI arrest. However, it's also important to protect your nursing license by enlisting the help of legal professionals with experience handling these types of cases. That's exactly what you'll find at the Lento Law Firm Professional License Defense Team.
Professional Illinois DUI Penalties Nurses May Face
The Nurse Practice Act in Illinois gives the Board (under the purview of the Illinois Department of Financial and Professional Regulation (IDFPR)) significant freedom to discipline nurses who are found to have violated the terms of the act. A DUI may qualify as such a violation.
Potential forms of disciplinary action the Board may consider include:
- Reprimand: Formal reprimand is often the lightest penalty you may face if the Board decides to take disciplinary action against you for a DUI. That said, it's worth noting that any type of disciplinary action the Board takes will usually be published in a report, meaning potential employers and other such parties could learn of the disciplinary action. This might negatively impact your ability to secure employment elsewhere.
- Fines: You might have to pay a fine if the Board determines you have likely committed a DUI. This is on top of any fines you might have to pay as a result of a criminal conviction.
- Temporary license suspension: Just as you may temporarily lose driving privileges after a DUI, you might also temporarily lose the privilege of practicing as a nurse. Sometimes, you simply have to wait until a certain amount of time has elapsed before getting your nursing license back. In other instances, the Board may require a nurse to fulfill certain conditions before regaining their license, such as completing a substance abuse evaluation or education course.
- Probation: Similar to temporary license suspension, a probationary period doesn't last forever. During this period, a nurse might have to work under the supervision of others, submit to random drug or alcohol tests, and otherwise work under restrictions they wouldn't normally work under.
- Refusal to issue or renew: The Board may refuse to issue a nursing license to an applicant with a DUI. If a nurse in Illinois applies for a license renewal, the Board might not grant it.
- License revocation: The Board could decide to revoke your license after a DUI. You might have to go through the licensing process all over again if this happens.
This isn't meant to worry you. It's meant to emphasize the value of seeking help from the Lento Law Firm Professional License Defense Team shortly after being arrested for a DUI. The sooner we can begin working on your case, the stronger a defense we can offer.
Should a Nurse Report a DUI to the Illinois Board of Nursing?
The immediate aftermath of a DUI arrest can be stressful. As you strategize your next moves, you may wonder if you can wait to contact the Board about the matter until the Board contacts you.
The law doesn't require a nurse to self-report a DUI arrest to the Board. However, it does require them to report any adverse legal action taken against them, meaning a nurse will have to self-report a conviction, guilty plea, etc. The Board is authorized to take disciplinary action against a nurse who fails to self-report such matters.
Self-reporting early can also offer certain benefits. For example, a nurse who self-reports a substance abuse issue in Illinois may be eligible for a Care, Counseling, and Treatment (CCT) agreement.
A CCT isn't a form of disciplinary action. It's a confidential agreement in which a nurse is allowed to continue practicing nursing if they abide by the terms of the agreement, which usually involves getting some form of treatment.
To qualify for a CCT, a nurse must:
- Self-report their substance abuse issue before the Board files its own complaint
- Have no history of previously being disciplined for substance abuse issues
- Have no prior or pending felony drug-related convictions
- Openly acknowledge they have a substance abuse problem
- Submit to an alcohol and substance abuse assessment and follow any recommendations after the assessment
You may wonder whether you meet all the qualifications above. After all, being arrested for a DUI doesn't necessarily mean you have a substance abuse issue. If you don't think you meet the requirements necessary to qualify for a CCT, should you even bother to self-report a DUI arrest before a conviction?
These are all questions you might understandably fret over after an arrest. Luckily, help is available. At the Lento Law Firm Professional License Defense Team, we can review the details of your case and help you better understand the pros and cons of contacting the Board ahead of time. Contact us soon to learn about whether you should get in touch with the Board.
What to Expect from a Board of Nursing DUI Investigation in Illinois
The specific Board process of investigating a nurse for a DUI can vary on a case-by-case basis. However, a Board investigation into such matters often involves the following key elements:
- Reviewing the basic details of the case, such as your BAC, whether you caused injuries, etc.
- Looking into your background to find out if you've ever had any previous disciplinary or performance issues
- Interviewing colleagues or others who might have insight into your potential substance abuse issues
- Contacting you to get your side of the story
Investigators will usually present their findings to the Board after completing the investigation process. The Board makes its decision based on the findings of the investigators, as well as anything the nurse under investigation provides the Board with.
You might be eager to exonerate yourself when the Board contacts you to learn more about a DUI. That said, while this might not be a criminal case, it can be helpful to imagine it is.
By that, we mean you must consider that anything you say could potentially be used against you. Even if you think you're only making positive statements that are unlikely to have any unwanted consequences, you're much better off allowing your attorneys to speak on your behalf during an investigation. At the Lento Law Firm, our Professional License Defense Team will help you avoid making the types of statements that could negatively influence the outcome of your case.
Illinois, Nurse DUIs, and the Nursys System
The vast majority of state nursing boards in the country currently participate in the Nursys system. The Board in Illinois is no exception.
Nursys is an information-sharing system between state nursing and licensing boards that can theoretically help nurses practice in other states more easily. If a nurse moves from one Nursys state to another, through Nursys, the licensing board in their new home state will already have their information, allowing them to skip or speed up the licensing process. This can also be beneficial to nurses who wish to move around and practice nursing throughout the country.
That said, Nursys states that they also share information about disciplinary actions. Thus, a nurse who's been disciplined for a DUI in Illinois could struggle to find employment both in the state and out of it. This further highlights the importance of working with lawyers to defend yourself and your license.
Why You Need a Professional License Defense Attorney
Speaking to Board investigators without a lawyer is a mistake. So is assuming that a criminal defense attorney is qualified to handle the professional license defense side of your case.
Consider the following ways that professional license defense cases can differ from criminal cases:
- The Board can discipline a nurse without having to meet the same burden of proof that would be necessary to secure a conviction in a criminal case.
- The types of disciplinary action the Board can take are separate from the criminal penalties a nurse convicted of a DUI might face.
- The Board's responsibility is to the public. When considering taking disciplinary action against a nurse, the Board's primary consideration will be protecting patients.
- The Board may consider various mitigating factors that don't necessarily apply in a criminal case. For example, when determining what type of disciplinary action (if any) to take against a nurse, the Board might account for such factors as their workplace performance.
A criminal defense lawyer probably isn't familiar with the way these types of cases play out. Thus, they can't offer the defense you need right now. Make sure you're protecting your career by seeking help from attorneys who specifically handle cases like yours.
At the Lento Law Firm Professional License Defense Team, we're prepared to defend nurses employed by some of Illinois's largest healthcare facilities, including:
- City of Hope Cancer Center Chicago (Chicago)
- Northwestern Medicine-Northwestern Memorial Hospital (Chicago)
- Advocate Christ Medical Center (Oak Lawn)
- Endeavor Health NorthShore Hospitals (Evanston)
- Advocate Lutheran General Hospital (Park Ridge)
- Northwestern Medicine Central DuPage Hospital (Winfield)
That's not an exhaustive list. If you're a nurse working anywhere in Illinois and you're facing disciplinary action because of a DUI, the Lento Law Firm Professional License Defense Team is ready to help.
Contact the Lento Law Firm Today if an Illinois DUI Jeopardizes Your Nursing License
There is a very good chance the Board will eventually learn of your DUI. Trying to hide from the way a DUI arrest or conviction may affect your nursing license is just postponing the inevitable.
That said, you shouldn't necessarily contact the Board on your own to address this issue. Doing so could do more harm than good if you make any errors during the process. Similarly, you shouldn't trust an attorney who's unfamiliar with the process to help you win your case.
At the Lento Law Firm Professional License Defense Team, we have the experience and qualifications necessary to help with your Illinois DUI nursing license defense matter. After speaking with us about your case, you may feel much more confident about the path forward. Get started today by calling us at 888-535-3686 or contacting us through our online form.
