The consequences of driving while under the influence (DUI) or driving while impaired (DWI) conviction in Maryland can be significant. The consequences someone may face after a conviction can also depend, at least in part, on their occupation.
For example, the Maryland Board of Nursing (MBON, or the Board) has the authority to discipline nurses for misconduct. If a nurse is convicted of a DUI or DWI, the Board may suspect said nurse has a substance abuse issue. The MBON may consider disciplinary action in these circumstances to limit a nurse's license as a means of protecting the public.
You need a proper defense if you're a Maryland nurse facing Board action because of a DUI or DWI. At the Lento Law Firm, our Professional License Defense Team will provide you with the representation you deserve when your ability to practice nursing in the state is on the line. Learn more about what we can do for you by submitting your information via our online contact form or calling our offices today at 888-535-3686.
Maryland DUI/DWI Laws and Potential Criminal Penalties
Maryland law prohibits even attempting to operate a motor vehicle while under the influence of alcohol or another impairing substance. Per the law, someone may be guilty of DUI if they attempt to drive when under the influence of alcohol per se, meaning they have a blood alcohol content of at least 0.08, even if they don't exhibit other signs of impairment.
Potential legal penalties for a first DUI in Maryland include:
- A fine of up to $1,000
- Up to one year in jail
- A requirement to participate in an alcohol abuse assessment program
Maryland also distinguishes between a DUI and a DWI. If someone has a BAC of 0.07, it is assumed they are impaired and may thus face the following DWI penalties:
- A fine of up to $500
- Up to two months imprisonment
Penalties are harsher for subsequent convictions. Factors such as how high a driver's BAC was, whether there were any children in the vehicle, and other such factors may also influence the penalties someone faces for a DUI or DWI in Maryland.
Hiring a criminal defense attorney to handle the criminal side of your case is wise in these circumstances. However, it's important to remember that you may also face professional penalties. We at the Lento Law Firm Professional License Defense Team can help you guard against the potential consequences of a Board investigation.
A DUI or DWI in Maryland Could Have Professional Consequences for a Nurse
The Board can take disciplinary action against nurses for various forms of misconduct. The MBON, for instance, can discipline a nurse's license if evidence suggests a nurse has a substance abuse issue and may thus not be able to perform their duties safely.
Forms of disciplinary action the Board may take include:
- Refusing to issue a new license or renew an existing one
- Issuing a new license or renewing an existing one but doing so with certain conditions attached
- Publicly reprimanding a nurse, which means information about disciplinary action will be attached to a nurse's public file
- Probation, which means a nurse may have to abide by certain conditions for a designated period of time to continue practicing nursing in Maryland
- Suspension, meaning a nurse will not be able to practice nursing until the suspension period is over
- Revocation, forcing a nurse to go through the licensing process again if they wish to practice nursing in Maryland
Be aware that the MBON participates in the Nursys system. Through this system, nurse licensing agencies throughout the country share data with each other. Thus, licensing agencies in other states may have easy access to information about disciplinary action the Board has taken in Maryland. This is just one way in which disciplinary action in one state could theoretically limit a nurse's employment opportunities in other states.
You've worked hard for your career. Depending on the form of disciplinary action the Board takes, a DUI or DWI could threaten it.
Don't risk your future by attempting to defend yourself or hiring a lawyer unqualified to provide the unique services you require. At the Lento Law Firm, our Professional License Defense Team will handle your case every step of the way, helping you guard against potentially significant career consequences.
Should a Nurse Self-Report a DUI or DWI to the Maryland Board of Nursing?
The Board requires nurse applicants to answer questions about past criminal convictions when applying for licenses. Similarly, nurses who are already licensed in Maryland may have to answer such questions when renewing their licenses. In addition, both licensed nurses and nurse applicants may need to submit to criminal background checks during the license and renewal processes.
A nurse in Maryland doesn't have to report a DUI or DWI arrest if it doesn't result in a criminal conviction. However, the Board may learn of the arrest through other means. For instance, a third party may file a complaint, or the law enforcement agency may share information about the arrest with MBON.
Regardless, a nurse will have to self-report a conviction when renewing their license (at the very latest). Attempting to hide a DUI or DWI is a form of fraud or deception that could give the Board additional reason to consider disciplinary action against a nurse.
At the Lento Law Firm, our Professional License Defense Team is happy to answer questions about these subjects. Even if you haven't contacted the Board yet, if you're reviewing your case with us because you suspect an investigation will be triggered once the Board learns of your conviction, we can help you better understand how to self-report a conviction properly and thoroughly in Maryland.
What Does a Maryland Board of Nursing DWI/DUI Investigation Involve?
The specifics of a Board investigation can vary on a case-by-case basis. However, per the Board, they may involve the following steps:
- Notice of Agency Action: The Board may initiate an investigation when a nurse self-reports a DUI/DWI or someone else submits a complaint against a nurse. If the Board is considering taking disciplinary action, it will send a nurse a letter with information about their alleged violations. A nurse has 30 days to respond to this letter and request a hearing.
- Order of Summary Suspension: The Board may suspend a nurse's license even before it has made a final decision regarding whether to take disciplinary action. The MBON may do so when it appears a nurse is unable to practice without endangering the public. A nurse can request a Show Cause hearing, during which they can present an oral argument explaining why they believe the summary suspension of their license isn't warranted.
- Settlement conference: An informal settlement conference may precede a formal hearing. Sometimes, a hearing isn't necessary, thanks to the results of a settlement conference. During this conference, a Board committee gathers facts about a nurse's case. In some instances, the settlement conference allows the Board and a nurse to resolve a case without any additional steps.
- Hearing: There are some ways a hearing is similar to a trial in a criminal case. For example, in a hearing, both sides get to present their arguments. However, while a jury makes a decision regarding guilt in a criminal trial, it's up to Board members to decide whether to pursue disciplinary action after a hearing concludes. Once the Board arrives at a decision, it will mail the nurse a letter explaining the outcome of the case.
You don't have to navigate these processes alone. Nor should you. With proper representation, you'll have a professional advocating for your rights every step of the way.
This relieves you of a significant burden during a stressful time. The Lento Law Firm Professional License Defense Team will guide you through all stages of an investigation, and we'll explain anything that's required of you.
The Maryland Board of Nursing Offers a Rehabilitation Program as an Alternative to Disciplinary Action
A DUI or DWI could be a sign of a substance abuse issue. When nurses struggle with such difficulties, the MBON may allow them to participate in a Rehabilitation Program. A nurse can self-refer to the program, or another party (such as the Board) may refer them.
The program itself doesn't offer any treatment. If a nurse is eligible for the program and decides to enroll, they must enter into a consent agreement, which includes agreeing to an individual recovery plan. The purpose of the Rehabilitation Program is strictly to monitor a nurse's recovery. During treatment, a nurse must cover all costs for treatment, rehabilitation, medication, etc.
Entering into the program is sometimes worthwhile for a nurse. In certain cases, the Board may consider the program as an alternative to disciplinary action. However, if a nurse fails to comply with all rules of the program, the Board can opt to discipline them.
You may have many questions about this option. What are the eligibility requirements? What are the pros and cons? How should I respond if the Board offers me the choice between enrolling in the program or facing disciplinary action?
These are all topics we at the Lento Law Firm Professional License Defense Team would be happy to discuss with you in greater detail. We'll ensure you thoroughly understand the Rehabilitation Program and what it entails. More importantly, we can help you determine if enrolling in the program is the best choice for someone in your specific circumstances.
Criminal Defense Isn't the Same as Professional License Defense
A common assumption among nurses and other professionals facing these types of licensing issues following criminal convictions is that a criminal defense attorney is qualified to handle the professional defense side of their case. That's not necessarily so. The following are key reasons a criminal defense lawyer may be unable to provide the services you require when the Board considers disciplinary action after a DUI or DWI:
- The burden of proof in this type of case isn't the same as it is in a criminal case. You need representation from attorneys who understand that the Board can justify taking disciplinary action based on less evidence than would be necessary to secure a criminal conviction.
- The criminal process involves its own set of procedures and steps. The Board investigation and disciplinary processes are entirely different. A criminal defense lawyer may have only slightly more familiarity with the Board investigation process than their client.
- The types of evidence and mitigating factors that might help secure an ideal outcome in a criminal case aren't the same types of evidence that the Board and its investigators may prioritize.
Our Professional License Defense Team at the Lento Law Firm has real-world experience defending professionals facing disciplinary action by state licensing boards. The following are just some of the major Maryland healthcare facilities whose nurses we may represent:
- University of Maryland Medical Center - Baltimore
- University of Maryland St. Joseph Medical Center - Towson
- MedStar Union Memorial Hospital - Baltimore
- TidalHealth Peninsula Regional - Salisbury
- University of Washington Baltimore Regional Medical Center - Glen Burnie
- Johns Hopkins Medicine-Suburban Hospital - Bethesda
- Luminis Health Anne Arundel Medical Center - Annapolis
Again, those are merely examples. We represent nurses across the state, helping those who help us protect the careers they worked so hard for.
Contact the Lento Law Firm for Help When a DUI or DWI Jeopardizes Your Maryland Nursing License
Being convicted of a DUI or DWI in Maryland is already a stressful experience. It can be even more bothersome when you have to worry about how a conviction will affect your career.
Restore your confidence and peace of mind by enlisting the help of legal professionals who have the experience necessary to handle a case like yours. Our Professional License Defense Team at the Lento Law Firm understands how these cases play out and will offer the representation you need when a Board investigation after a DUI or DWI has put your license at risk. Let us get started on your case by taking the first step and submitting your information through our online form or calling us at 888-535-3686.
