Being convicted of driving while impaired (DWI) in North Carolina can significantly impact your driving privileges, finances, and overall lifestyle. If you're a licensed nurse in North Carolina, a mere DWI arrest can also have a substantial effect on your career.
The North Carolina Board of Nursing (NCBON, or “the Board”) issues nursing licenses in the state. Part of its responsibilities involve confirming that licensed nurses don't pose a risk to the public.
The Board may take various forms of disciplinary action against a nurse arrested for or convicted of a DWI. The purpose of doing so is to protect the public.
After a DWI arrest, you might have the presence of mind to contact a lawyer instead of speaking to the police. This is wise. However, you might not realize it's a mistake to assume a criminal defense attorney is qualified to defend your nursing license against NCBON disciplinary actions.
These types of cases are unique in many ways that criminal defense lawyers might not be familiar with. To ensure you're taking all necessary steps to protect the career you've worked so hard for, seek assistance from attorneys who handle cases like yours.
At the Lento Law Firm Professional License Defense Team, you'll find lawyers who have relevant experience handling North Carolina nursing license defense cases. Learn more about what we can do for you by contacting us through our online form or calling our offices at 888-535-3686.
North Carolina DWI Laws and Criminal Penalties
North Carolina law defines a DWI as any of the following:
- Driving any vehicle while impaired due to the influence of any substance
- Driving any vehicle with a blood alcohol concentration (BAC) of 0.08% or more
- Driving any vehicle with any amount of a controlled substance or its metabolites in one's system
The criminal penalties for a North Carolina DWI may depend on numerous factors. They include:
- If this is a first offense
- If a motorist caused injuries, death, or property damage
- If a motorist had children in the vehicle
Those are just a few examples. Depending on such factors, penalties can range from a fine of $200 to up to two years in jail.
Such penalties can significantly interfere with someone's life. It's certainly important to enlist the help of a criminal defense attorney when you've been arrested for a DWI in North Carolina.
However, it's important to remember that a DWI may also trigger an NCBON case. A criminal defense lawyer likely won't have the experience necessary to handle that process. To defend your nursing license, you need assistance from professional license defense attorneys.
A Nurse With a DWI in North Carolina May Face Professional Discipline
Criminal penalties aren't the only consequences of a DWI in North Carolina. A conviction can result in higher insurance costs. Limitations on your driving privileges could affect everything from your day-to-day lifestyle to your relationships.
If you're a nurse, the North Carolina Nursing Practice Act also grants the Board the authority to take disciplinary action. Forms of disciplinary action the Board may consider in a case involving a nurse with a DWI arrest or conviction include:
- Probation, which may or may not include various conditions
- Imposing limitations and conditions on a nurse's license as the Board deems necessary
- Accepting a nurse's voluntary surrender of their license
- Publicly reprimanding a nurse
- Issuing public letters of concern
- Requiring a nurse to complete a treatment program
- Suspending a license for a period of time and/or until certain conditions are met
- Revoking a license
- Refusing to issue a new license to an applicant
- Refusing to issue a license to a nurse seeking to renew their current one
- Issuing fines
NCBON publishes information about disciplinary action it has taken online. Potential employers in the state could find this information, which might limit employment opportunities for a nurse switching jobs. Because North Carolina participates in the Nursys information-sharing system, licensing boards in other states might also have access to information about the disciplinary action NCBON takes against a nurse.
The Board may consider various mitigating factors when considering forms of disciplinary action to take. For example, if this is a nurse's first violation, and other such factors (such as their BAC at the time of arrest) aren't particularly egregious or severe, the Board may consider a formal reprimand over more significant types of disciplinary action, such as license revocation.
Whether the Board considers these factors depends at least in part on whether a nurse under investigation presents them effectively to the Board. That's just one of the many ways we at the Lento Law Firm Professional License Defense Team can help with your case.
Should a Nurse Self-Report a DWI in North Carolina?
Yes. In some states, nurse licensing boards don't require nurses to report DWIs, or they only require them to report convictions. Alternatively, a nurse might not be required to report a DWI or similar violation until applying for a license renewal.
North Carolina is different. In North Carolina, a nurse must self-report a DWI arrest or indictment within 30 days of said arrest or indictment. Failure to do so could negatively influence the Board's decision when it considers taking disciplinary action.
Reporting your arrest or indictment within the established time frame is vital. That's not to say you should rush into contacting the Board. At the Lento Law Firm, members of our Professional License Defense Team can review your case and help you report the matter to the Board properly.
What Does a North Carolina Board of Nursing DWI Investigation Involve?
North Carolina is a mandatory reporting state. That means others with whom a nurse works may be required to report their concerns if they believe a nurse has a DWI, substance abuse issue, or any other such issue worthy of the Board's attention.
You can't hope a DWI arrest will simply “blow over” if you don't think it will result in a conviction. If you don't report the matter to NCBON, and someone else learns of it, there's a good chance they will report it. Either way, an investigation will be triggered.
The investigation will usually involve the following steps:
- The Board typically performs an initial review of all complaints and reports to determine whether moving forward with an investigation is necessary. Sometimes, the Board elects not to proceed with an investigation if it determines it doesn't have jurisdiction, no relevant violation appears to have occurred, etc.
- The Board will assign an investigator to the case if it determines an investigation is necessary. Most of the time, the investigator will use the nurse's contact information on file with NCBON to contact the nurse and formally alert them to the investigation. The investigator might not contact a nurse if doing so is likely to impede their investigation in any capacity, but these cases are rare.
- A nurse who has hired an attorney should ensure their attorney provides the investigator with a formal Letter of Representation indicating their lawyers are handling their case. This is just one step in the process that our team can handle on your behalf.
- The investigator will begin gathering evidence to present to the Board. Sources from which they may gather said evidence include witness interviews, relevant documents (like police reports), and any other evidence that might be pertinent to the case.
- Throughout the process, a nurse has the opportunity to respond to the allegations against them. They may do so by submitting a formal letter or participating in an interview.
- Throughout the investigation, the Board may contact a nurse with requests for additional information. Failure to comply with these requests in a reasonable amount of time can result in additional disciplinary action. That said, it's always wise for a nurse to let their attorney handle such requests. At the very least, a nurse should review any and all such requests with their legal team before responding.
- The investigator will present their findings to NCBON. The Board can then make a determination regarding whether to proceed with disciplinary action.
Allowing your attorneys to handle all correspondence with investigators and other Board members is wise for many reasons if you're under investigation for a DWI. At the Lento Law Firm Professional License Defense Team, we have the experience necessary to present your case effectively throughout all stages of the investigation. You'll be less worried about navigating these circumstances if you have representation from qualified legal professionals ready to speak to the Board and its investigator on your behalf.
An Alternative to Disciplinary Action in a North Carolina Nurse DWI Case
The Board may be willing to work with a nurse who agrees to participate in an Alternative Program for Nurses in Recovery (AP). The Board sometimes offers this option as an alternative to traditional discipline.
One of the benefits of an AP is that, unless doing so is necessary to protect the safety of the public, the Board typically won't publish information about a nurse's AP participation. As such, this option may be less likely than disciplinary action to negatively impact a nurse's career, as disciplinary action information tends to get published in relevant databases.
A nurse eligible to enroll in the AP can do so by signing a consent order. The Board will prepare said order and provide it accordingly.
Signing this type of order is similar to agreeing to a plea deal in a criminal case. When a nurse agrees to participate in an AP, it typically means they're also stating they agree with the facts of the case against them.
A nurse's license may be rendered temporarily inactive for three months or more when they first enter an AP. The goal is to ensure a nurse will comply with random drug screenings, treatment, and any other elements of the program. After the abeyance period, depending on a nurse's progress, they may be able to start working again, although certain limitations could still apply to their license.
Any costs incurred during the program are the responsibility of the nurse. For instance, a nurse participating in an AP may be responsible for covering the cost of random drug testing.
At the Lento Law Firm, our Professional License Defense Team can explain whether an AP is an option and what the pros and cons of enrolling in such a program are. We can also provide the Board with evidence showing why an AP should be considered.
Why You Need a Professional License Defense Attorney
The differences between criminal DWI cases and Board investigations into nurses with DWI arrests or convictions are significant and numerous. The following is just a sample:
- The burden of proof to justify taking disciplinary action against a nurse is not as significant as the burden of proof prosecutors need to meet in criminal cases.
- Every step of the investigation process is different. For example, Board investigations can last a few days to several months, as there's no requirement for a speedy trial.
- NCBON investigators may prioritize evidence that isn't as relevant in a criminal case. In a criminal case, the goal is to prove a law was broken. In this type of case, the Board's goal is to determine whether a nurse is qualified to treat the public safely.
Our Professional License Defense Team at the Lento Law Firm offers services specifically designed for nurses and other professionals facing licensing issues. We defend nurses employed at such major North Carolina healthcare facilities as:
- Duke University Hospital (Durham)
- UNC Hospitals (Chapel Hill)
- Atrium Health Carolinas Medical Center (Charlotte)
- UNC Rex Hospital (Raleigh)
- ECU Health Medical Center (Greenville)
- Atrium Health Wake Forest Baptist Medical Center (Winston-Salem)
Those are just examples. If you're a nurse employed anywhere in North Carolina, and a DWI investigation is putting your license at risk, we're prepared to offer the defense you need.
Contact the Lento Law Firm if a DWI Threatens Your Nursing License in North Carolina
Nursing is among the most admirable professions in the world. You got into this line of work because you wanted to help others.
Now, it's time to let someone else help you for a change. We at the Lento Law Firm Professional License Defense Team offer the unique qualifications you need when a DWI jeopardizes your nursing license in North Carolina. Get ahead of this issue now by calling our offices at 888-535-3686 or submitting your information through our online contact form.
