Nurses in New York (and all other states) must be sober and qualified when working with patients. Thus, a driving while intoxicated (DWI) or driving while ability impaired (DWAI) charge or conviction could jeopardize a nurse's career, as it may indicate that a nurse struggles with substance abuse issues.
The officials who license nurses in New York may consider disciplinary action against a nurse found to have been operating a motor vehicle while under the influence of drugs or alcohol. Taking such action is often considered a necessary means of protecting the public.
A DWI or DWAI arrest or conviction can have significant implications for your career if you're a nurse in New York. If you're wise, you've probably sought legal help to assist with the criminal side of your case.
However, a criminal lawyer will not be familiar with the nuances of professional license defense. It's also smart to hire attorneys with the qualifications and experience necessary to help you guard against any damage these criminal matters could theoretically do to your career.
That's exactly what you'll find at the Lento Law Firm Professional License Defense Team. If you're a New York nurse with a DWI arrest or conviction, we can help you defend your ability to practice nursing in the state. Learn more by submitting your information through our online contact form or calling our offices at 888-535-3686 today.
Do You Have to Report a DWI Arrest if You're a Nurse in New York?
The law technically doesn't require that you self-report a DWI or DWAI arrest right away in New York. Instead, you'll have to self-report an arrest or a conviction when you renew your license. However, once you're fingerprinted, information about your arrest might automatically be shared with such parties as the NY State Education Department Office of the Professions.
The Office of the Professions licenses nurses in the state. It also has the power to take disciplinary action against nurses found responsible for professional misconduct. Being convicted of a crime in New York (like a DWI) is an example of the type of misconduct the Office of the Professions may investigate and address.
The fact that you don't have to report an arrest doesn't necessarily mean you shouldn't be proactive. Whether self-reporting is necessary depends on many factors, such as whether a conviction is imminent, whether you've already been convicted, and more.
You don't have to navigate these circumstances yourself. At the Lento Law Firm Professional License Defense Team, we'll gladly answer your questions, helping you better understand what steps to take after being arrested for a DWI as a nurse in New York.
A Note on Employer Policies
You may not legally have to self-report an arrest to the Office of the Professions. Again, our attorneys can help you determine whether doing so is necessary.
That said, you may want to review your employer's policies regarding self-reporting arrests. Although failing to abide by an employer's policies might not jeopardize your license, it could still jeopardize your job.
Your employer may require you to self-report an arrest. Confirm whether this is the case. Although you might be reluctant to share such information with an employer, violating their policies will be more likely to put your job at risk than being honest about an arrest will.
What Not to Do After a DWI or DWAI as a New York Nurse
Being arrested for a DWI can be a frightening experience. As you attempt to grapple with the way this could affect your future, you might make mistakes that could negatively influence your case's outcome.
The following are examples of what NOT to do when facing professional license issues after a New York DWI arrest:
- Posting about the case on social media or even discussing it socially
- Participating in interviews or generally cooperating without enlisting the help of an attorney to represent you
- Ignoring the matter
- Attempting to represent yourself
- Lying to anyone who contacts you requesting additional information about the case
Even if you don't self-report, the Office of the Professions may nevertheless receive information about your arrest. Thus, you might hear from the office as they initiate an investigation. In some instances, a nurse might be asked to provide the Office of the Professions with additional information about their case.
If the Office of the Professions (or any other such party) contacts you requesting more information about your DWI/DWAI arrest, getting in touch with qualified attorneys right away is critical. Our Professional License Defense Team at the Lento Law Firm can help you comply with professional requests while guarding against the types of mistakes that could complicate a case.
Potential Career Consequences for a Nurse Who Gets a DWI or DWAI in New York
Under New York law, the Office of the Professions may consider several options when deciding how to discipline a nurse who's engaged in some form of professional misconduct. Remember, committing a crime counts as professional misconduct in these circumstances.
Professional penalties a nurse convicted of a DWI may face in New York are:
- Censure and reprimand
- License suspension
- License revocation
- License or registration annulment
- Limitations on issuing a nurse any further licenses
- A fine of up to $10,000
- A requirement to successfully complete a relevant education or training course
- Up to 100 hours of public service
It's not uncommon for these penalties to have conditions attached to them. For example, if the Office of the Professions decides to suspend a nurse's license, the suspension will end after a set period of time, or it might end once a nurse completes a relevant training or therapy/treatment program.
The penalties might also continue after certain conditions are met. An example of this would be a nurse getting their license back but having to practice under the supervision of others during a probationary period.
While there's no way to predict with absolute certainty how the Office of the Professions might discipline you after a DWI or DWAI in New York, one of the best ways to learn more about this topic is to review your case with a lawyer. At the Lento Law Firm Professional License Defense Team, we'll answer questions about potential penalties based on the details of your case.
Mitigating Factors in a New York DWI/DWAI Professional Misconduct Case
Those who decide how to discipline a nurse for a DWI, DWAI, or similar form of professional misconduct may consider various mitigating factors when choosing a penalty. Potential examples of these factors include:
- Whether a nurse has a history of professional misconduct or whether this is an isolated incident
- The nurse's overall performance
- Whether a nurse has voluntarily agreed to participate in a substance abuse treatment program or similar alternative to discipline
- The severity of the violation
Nurses may also have the option to participate in the Statewide Peer Assistance for Nurses (SPAN) program. This is a voluntary substance abuse treatment program that may be an option for a nurse in lieu of traditional disciplinary action.
The Lento Law Firm Professional License Defense Team consists of attorneys who understand the types of mitigating factors professional licensing boards account for when deciding how to discipline individuals found responsible for professional misconduct. We can present evidence and documentation on your behalf showing the Office of the Professions why lenient discipline may be appropriate in your case.
What You Should Know About New York and the Nursys System
Most states in the country currently participate in the Nursys system. New York is no exception.
Nursys is an information-sharing system that connects the nurse licensing boards of various states. It allows them to automatically and efficiently share relevant information about licensed nurses in their states with each other.
This system can benefit nurses in many ways. If a nurse wants to move and practice in another state, if they're moving from one Nursys state to another, they may not have to get re-licensed. At the very least, the information they can share via Nursys can simplify the process of getting a license. This system is also helpful for nurses who wish to travel often and practice in several different states at a time.
However, licensing boards participating in Nursys also share information about disciplinary actions with each other. In New York, as in most states, when a licensing board takes any sort of enforcement or disciplinary action against a nurse, it publishes information about said action. As a Nursys state, New York's licensing board will also typically share this information with the nurse licensing boards of any other Nursys states a nurse wishes to get licensed in.
In other words, disciplinary action a licensing board takes against you because of a DWI or DWAI conviction can limit your ability to find employment both in New York and elsewhere. While these limitations may not be permanent, they can significantly slow your career growth, at least temporarily.
This once more highlights the value of hiring the right attorneys when facing professional license issues. At the Lento Law Firm, our Professional License Defense Team strives to achieve an outcome that has minimal effect on your career.
The Differences Between a Criminal DWI/DWAI Case and a Professional Licensing DWI/DWAI Case in New York
This overview began by urging you to hire the right legal professionals when seeking assistance with your case. Although you might assume you can just hire a criminal lawyer to also handle your professional license defense needs, you should be aware that key differences between these types of cases may prevent such an attorney from offering the quality defense you need right now.
These are just a few ways criminal cases and professional investigations by nurse licensing boards may differ:
- While no one can break the law when conducting an investigation, a licensing board might not always follow the same rules of due process that prosecutors, judges, and cops would need to follow in a criminal case. It's helpful if your attorney is familiar with this key difference.
- The penalties a licensing board may consider are different from those a court may consider when sentencing someone convicted of a DWI. Additionally, the way these penalties can affect a nurse's life and career differ. As such, a licensing board often considers different factors from those that judges and prosecutors consider when deciding how to discipline nurses for professional misconduct. You need representation from an attorney who understands these differences.
- The overall process of a state licensing board's investigation differs in many small (and sometimes large) ways from the legal process in a criminal case. You want to be confident your lawyer is one with experience navigating this type of process successfully in the past. A criminal lawyer with limited experience in these matters can't help you every step of the way if they're not familiar with the steps a case like yours may involve.
You've worked hard for your career. Don't shrug your shoulders and hope for the best right now by hiring an unqualified professional to handle your license defense case. Get in touch with our Professional License Defense Team at the Lento Law Firm to protect your future.
How Our Professional License Defense Firm Can Help a New York Nurse After a DWI or DWAI
We can assist you in many ways if you're a nurse facing potential disciplinary action because of a DWI or DWAI in New York. Examples include:
- Reviewing your case and answering your general questions during a free consultation
- Handling all correspondence with any parties involved in your case, so there's little risk of you saying anything to anyone that could have negative consequences
- Gathering evidence and documentation of mitigating factors and negotiating with the board for appropriate disciplinary action
- Helping you understand options like participating in substance abuse treatment programs and how they may influence any disciplinary actions the Office of the Professions takes against you
- Explaining the nature of any disciplinary action the Office of the Professions takes so that you understand what's required of you
It can be very scary to worry about what might happen to your career if you're a nurse whose license is on the line after a DWI. Luckily, you don't need to remain in this state of fear for a moment longer.
Ease your burdens by getting in touch with legal professionals who specifically serve clients in need of professional license defense services in New York. To find out more about what the Lento Law Firm Professional License Defense Team can do for you, call us at 888-535-3686 or contact us online.
