A DUI arrest in Michigan (which is technically considered “operating while intoxicated,” or OWI in our state) can have significant implications for any driver's future. The criminal penalties and driver's license issues resulting from a conviction may affect everything from one's employability to one's personal relationships.
The consequences of an OWI in Michigan can also include professional disciplinary action if you're a nurse. The Michigan Board of Nursing (referred to hereafter as the Board or MBN), which has the authority to license nurses in the state, also has the authority to take disciplinary action against a nurse for various types of offenses and violations.
You've spent years studying and training to become a nurse. Disciplinary action could threaten the license you've worked so hard to earn.
Protect yourself by hiring attorneys with the unique experience necessary to defend you when the MBN investigates an OWI conviction or arrest. At the Lento Law Firm, our Professional License Defense Team works with clients like you, helping Michigan nurses defend their careers. Find out more about how we can help by submitting your information through our online contact form or calling our offices today at 888-535-3686.
DUI/OWI Laws and Criminal Penalties in Michigan
Under Michigan's impaired driving law, someone may be charged with an OWI or similar violation in any of the following circumstances:
- They are over the age of 21 and are caught driving with a blood alcohol content (BAC) of 0.08% or greater
- They are under the age of 21 and are caught driving with a BAC of 0.02% or greater
- They are caught operating a vehicle with any amount of a Schedule 1 controlled substance (including cocaine) in their system
Be aware that someone with any amount of a Schedule 1 controlled substance in their system when driving in Michigan may be charged with a crime even if they otherwise show no signs of impairment. However, if a motorist has a medical cannabis card, an officer must show they were visibly impaired to justify arresting them.
Criminal penalties for OWI offenses in Michigan vary. For example, if this is a driver's first offense, and their BAC was under 0.17% at the time they were tested, they may face such penalties as:
- A fine of up to $500
- A jail sentence of up to 93 days
- A maximum of 360 hours of community service
- A maximum 180-day license suspension
- Six points added to their driver's license
Penalties can escalate depending on such factors as:
- Whether a driver has previous offenses
- Whether a driver's BAC was 0.17% or greater
- If a motorist caused an accident resulting in injuries, death, or property damage
- Whether kids were in the vehicle
The criminal penalties of an OWI in Michigan aren't the only potential consequences someone might experience after being convicted of such a crime. For instance, the impact of a conviction on their driving privileges could limit their ability to travel for a period of time. Additionally, an OWI conviction almost always results in higher insurance costs.
A Michigan Nurse with a DUI or OWI May Face Professional Consequences
One of the core responsibilities of the MBN is ensuring that licensed nurses in the state can be trusted to care for patients without endangering them. If a nurse has an OWI, the Board may need to take disciplinary action to protect the public.
Forms of disciplinary action the Board can take include:
- Formal reprimand: This is a relatively common form of disciplinary action the MBN takes in the case of a first offense involving no aggravating factors (like injuries or death). A formal reprimand is essentially a warning to a nurse, indicating disciplinary action may be harsher if future violations occur.
- Fines: The Board can require a nurse with an OWI to pay a fine. The Board can fine a nurse even if they've already been fined in a criminal case.
- Probation: When the Board determines probation is the correct form of disciplinary action, it usually means a nurse can continue practicing. However, they must abide by certain conditions during a probationary period. For example, they may have to submit regular written reports, submit to a form of monitoring or supervision, abstain from alcohol/drugs, undergo random testing, etc.
- Restrictions: The Board can place various restrictions on a nurse's ability to practice as it sees fit. A nurse might keep their job but will no longer be able to perform certain tasks or assume certain duties until the Board lifts the restrictions.
- Suspension: A temporary suspension of a nurse's license may be for a definite or indefinite period. Sometimes, the end of a nursing license suspension is contingent on a nurse satisfying certain requirements, such as completing a substance abuse treatment program.
- Revocation: Revocation of a nurse's license to practice in Michigan is an extreme form of disciplinary action. Nevertheless, the Board may consider this option when it appears allowing a nurse to continue practicing would pose an unreasonable risk to public safety.
It's always crucial to remember throughout this process that this is not a criminal case. As such, you need assistance from legal professionals with relevant experience.
That said, just as judges and prosecutors in criminal cases may often consider mitigating factors when making sentencing decisions, so too can the Board consider such factors when deciding how to discipline a nurse for an OWI or similar offense. Our lawyers can help by citing such mitigating factors as:
- Your professional performance
- Your lack of any previous disciplinary issues
- Any steps you have taken to proactively address this matter on your own
At the Lento Law Firm Professional License Defense Team, our goal is to ensure you don't face excessive disciplinary action that could jeopardize your ability to practice nursing in Michigan. We'll consider all relevant evidence and mitigating factors when putting together a case for the Board.
Disciplinary Action Isn't Always the Only Option
There are instances when the MBN will consider alternatives to traditional disciplinary action when a nurse has an OWI. For example, the Board may present a nurse with the option of enrolling in the voluntary Health Professional Recovery Program.
This program allows nurses and other such professionals to receive support and treatment for substance abuse issues. A nurse with an OWI may benefit from the program, as it helps them address their issues without necessarily having the same negative impact on their career as disciplinary action.
We at the Lento Law Firm Professional License Defense Team can explain the pros and cons of this option in greater detail as your case proceeds. If necessary, we may also present a case to the Board arguing why such an option should be on the table for you.
The Michigan Board of Nursing Publishes Reports About Disciplinary Actions
Michigan law requires agencies like the MBN to publish information about disciplinary actions they have taken. Such agencies usually publish this information periodically throughout the year, allowing any member of the public to access it online.
In addition, the MBN participates in the Nursys program. This information-sharing network allows nurse licensing boards to share information across state lines. In theory, this facilitates nurses getting licensed in new states when they move or wish to practice nursing in multiple states across the country.
However, any licensing board participating in the Nursys system will also have access to information about disciplinary actions taken against a nurse. In these circumstances, the Nursys system could prove an impediment to a nurse getting licensed or finding employment outside of Michigan, at least temporarily.
We don't share this information to cause excessive worry. It's simply critical that nurses understand the way failing to take these matters seriously can have major implications for their careers in the future. If you've been charged with an OWI or similar crime in Michigan, the Lento Law Firm Professional License Defense Team can help you guard against unreasonable disciplinary actions that could otherwise limit your ability to practice nursing both in Michigan and elsewhere.
What You Need to Know About Self-Reporting a DUI to the Michigan Board of Nursing
The Michigan Public Health Code requires nurses and other such licensees to self-report any criminal convictions within 30 days of being convicted of a crime. Failure to self-report a conviction by the deadline can result in additional disciplinary action.
It's important to be thorough and accurate when self-reporting a conviction to the Board. Don't attempt to conceal information that may be pertinent to the case.
However, revealing too much information when self-reporting a conviction may also have consequences. This is one of many reasons it's wise to self-report a conviction with the assistance of legal professionals. At the Lento Law Firm, our Professional License Defense Team will guide you through this step of the process. Contact us shortly after your arrest, and we can also help you better understand whether self-reporting an arrest before a conviction is in your best interests, given the circumstances.
What a Michigan Board of Nursing DUI Investigation May Involve
A Board investigation in Michigan can involve various steps and elements. To some extent, the specifics of the process can vary depending on the details of a case.
Steps the process may involve include:
- Interviews with investigators
- Investigators interviewing anyone who may have information relevant to the case
- Investigators gathering evidence and presenting recommendations based on their findings
- Filing of an official administrative complaint if it appears a violation potentially requiring disciplinary action has occurred
A nurse may receive an administrative complaint notice if it's determined a violation of the Public Health Code has happened. They have 30 days to respond to it. Additionally, a nurse may have the opportunity to participate in a “compliance conference” in which they could potentially negotiate a settlement with the Board.
Don't submit to interviews or respond to complaints without involving your attorney. We'll make sure you comply with all the requirements of the process.
Why a Criminal Defense Attorney Isn't Right for a Nursing License Defense Case
Hiring a criminal defense lawyer after being charged with virtually any crime is smart. However, it's a mistake to assume that a criminal defense attorney also has the qualifications and experience necessary to handle the nursing license defense side of your case.
Professional license defense cases are very unique. The following are just some ways they may differ from criminal cases:
- The Board can justify taking disciplinary action against a nurse without necessarily meeting the same burden of proof that would be necessary to justify convicting someone of an OWI.
- Every step of the way, the MBN's process for investigating and disciplining nurses after OWIs differs from the criminal justice process. For example, in a professional license defense case, there's no jury making decisions about guilt.
- Board investigators have different priorities than prosecutors and judges, as their goal is to keep the public safe while not depriving the workforce of qualified nurses. Because their goals are different, they may consider forms of evidence that wouldn't necessarily be applicable in a criminal case, such as testimony from a nurse's colleagues.
Our Professional License Defense Team at the Lento Law Firm specifically works with professionals whose licenses are on the line because of numerous types of potential violations and accusations. We're prepared to defend nurses employed at such major Michigan health centers as:
- University of Michigan Health-Ann Arbor (Ann Arbor)
- Henry Ford Hospital (Detroit)
- Munson Medical Center (Traverse City)
- Corewell Health William Beaumont University Hospital (Royal Oak)
- Corewell Health Grand Rapids Hospitals-Blodgett and Butterworth (Grand Rapids)
- Corewell Health Beaumont Troy Hospital (Troy)
- Corewell Health Beaumont Grosse Pointe Hospital (Grosse Pointe)
Those are just a few examples. If you're a nurse working at any hospital, clinic, office, or other such facility in Michigan, we're prepared to offer the defense you need when a DUI or OWI puts your ability to practice nursing in the state at risk.
Contact the Lento Law Firm When an OWI in Michigan Threatens Your Nursing Career
Anyone can experience fear and concern after being arrested or convicted for an OWI in Michigan. If you're a nurse, you might be experiencing even greater worry due to the way this could affect your nursing license.
You'll feel much more confident about your future when you know you've taken steps to protect yourself. Our Professional License Defense Team at the Lento Law Firm can offer the unique legal services you need when the Board is considering disciplinary action. To learn more about what we can do for you and your career, call us today at 888-535-3686 or get in touch through our online form.
