You likely already know that being arrested for, or convicted of, driving under the influence (DUI) or operating a vehicle impaired (OVI) in Ohio can result in criminal penalties that may affect your life for years to come. However, if you're a nurse, you must also consider how a DUI or OVI could potentially affect your employment.
The Ohio Board of Nursing (or simply “the Board” or OBN) issues and renews nursing licenses in the state. The Ohio Nurse Practice Act also grants the Board the authority to discipline nurses who violate its rules. A DUI may qualify as the type of violation which can trigger disciplinary action.
Don't make the mistake of assuming that the attorney you hired to handle the criminal side of your case is also qualified to handle your professional license defense case. Because these types of cases can differ in many critical ways, you need assistance from legal professionals who specifically handle these types of matters.
At the Lento Law Firm, our Professional License Defense Team has the experience necessary to defend Ohio nurses facing disciplinary action because of DUIs and OVIs. Find out more about what we can do for you by submitting your information online or calling our offices today at 888-535-3686.
Laws and Criminal Penalties for DUIs and OVIs in Ohio
There are several types of impaired driving offenses in Ohio. Generally, someone may be guilty of a DUI, OVI, or similar offense in Ohio if they operate a motor vehicle:
- With a blood alcohol content (BAC) of 0.08% or more, with penalties often being higher if a driver has a BAC of at least 0.17%
- Under the influence of various types of controlled substances, which may include medication, as well as recreational substances like cannabis
Many factors can influence the criminal penalties someone might face if they're convicted of an impaired driving offense in Ohio. Such factors include:
- Whether they're of legal drinking age or were otherwise legally allowed to consume the substance that affected their driving performance
- The concentration of alcohol or drugs in their system
- Whether they were driving with passengers (and whether those passengers were children)
- Whether they caused any injuries, property damage, or loss of life
Those are just a few examples. Sometimes, a DUI or OVI conviction in Ohio results in relatively minor penalties, such as fines or temporary suspension of driving privileges. In more extreme cases, drivers might face jail or prison time, long-term revocation of driving privileges, a requirement to complete an alcohol/drug addiction program, and more.
Taking action fast is often key to minimizing penalties in these circumstances. Just be aware that while contacting a criminal lawyer shortly after an arrest is wise, a criminal lawyer won't be able to properly assist you if the Board considers taking disciplinary action. For that, you need help from the types of legal professionals who primarily or exclusively handle cases like yours.
Potential Non-Criminal Consequences a Nurse in Ohio Might Face After a DUI
The criminal penalties someone might face after a DUI or OVI in Ohio don't represent all the ways a conviction might affect their life. Examples of other consequences someone might face after a conviction include:
- High insurance costs
- Various challenges caused by driving privileges limitations, like not being able to see friends, family, or partners as easily
- Inability to find employment that involves driving
If someone is already employed as a nurse, the Board can take various forms of disciplinary action should they be convicted of a DUI, OVI, or similar violation. If they apply for a nursing license or renewal, OBN can refuse to issue one.
Forms of disciplinary action OBN may consider include:
- Formal reprimand: A formal reprimand is a relatively light form of discipline the Board might consider. It's the equivalent of a “warning.” However, it must be noted that OBN, like most state licensing boards, will publish information about disciplinary actions it takes. Thus, even if a nurse only receives a formal reprimand, they might nevertheless face challenges resulting from information about the Board's disciplinary action being available to potential employers and other such parties in and out of the state.
- Probation: A nurse might have to undergo a probationary period if the Board finds disciplinary action is necessary. The conditions of this probation can vary depending on the circumstances. Sometimes, the Board might find it necessary for a nurse to be supervised for a period of time. In other instances, the Board may require a nurse to submit to drug and alcohol testing during probation.
- Temporary license suspension: The Board can temporarily suspend a nurse's license to protect the public, to discipline a nurse, and to give the nurse an opportunity to satisfy certain conditions before regaining the privilege to practice nursing in Ohio.
- License revocation: OBN may revoke a nurse's license entirely after they're convicted of a DUI or OVI. The Board may be more likely to consider this type of harsh discipline if a nurse has had disciplinary issues in the past.
The law also provides nurses with the option of entering into a consent agreement with the Board. This essentially functions like a plea deal would in a criminal case, allowing a nurse to admit to a violation, often in exchange for more lenient discipline than they might otherwise receive.
The Board also has to agree to this option. If it's one that might benefit you, our Professional License Defense Team at the Lento Law Firm can present your case to the Board, showing why a consent agreement is appropriate. If the Board itself presents you with this option, we can help you weigh the pros and cons of agreeing to it.
The main point to understand is that the Board has the power to take many forms of disciplinary action that could derail your career. Contact legal professionals with professional license defense experience now to protect yourself accordingly.
Should a Nurse With a DUI or OVI Report it to the Ohio Board of Nursing?
A nurse doesn't have to legally report a DUI or OVI arrest in Ohio. They do have to report any of the following if they apply to felonies or relevant misdemeanors:
- Convictions
- Guilty pleas
- Judicial findings of guilt
- Judicial findings of guilt resulting from pleas of no contest to
- Judicial findings of eligibility for pretrial diversion programs or intervention in lieu of sentencing
A nurse must report any of the above to OBN within 30 days of their occurring. Failure to report by the deadline can result in additional disciplinary action, or it can influence the forms of disciplinary action the Board considers.
None of this is meant to say you should wait for your criminal case to play out before at least contacting a professional license defense attorney. At the Lento Law Firm, our Professional License Defense Team can help you thoroughly prepare for any Board investigations or actions that might follow your criminal case. In addition, we can explain whether being proactive and contacting OBN before your criminal case resolves itself is wise in your circumstances.
The Alternative Program for Substance Use Disorder Monitoring and Your Nursing License in Ohio
Disciplinary action isn't the only option the Board may consider when a nurse has been convicted of a DUI or OVI in Ohio. In some instances, nurses qualify to participate in the Alternative Program for Substance Use Disorder Monitoring.
As the name implies, this program is an alternative to traditional disciplinary action. The Board might consider this option when the following conditions are met:
- A nurse has been issued a license in Ohio
- A nurse requests an Alternative Program for Substance Use Disorder Admission Application and, within 10 days of receiving it, completes and submits the Initial Voluntary Temporary License/Certificate Surrender form
- Within 60 days of receiving the Alternative Program for Substance Use Disorder Admission Application from the Board, the nurse submits the completed application
The application requires a qualified and licensed healthcare provider to include a diagnosis of a substance use disorder. It must also include signed waivers indicating that a nurse can be effectively treated for their disorder, that it will be possible to monitor the nurse for compliance throughout the program, and that no disqualifying prohibitions apply. A common disqualifying prohibition is a nurse having a disorder or condition that would make it difficult or impossible to monitor their compliance with the program.
Successful completion of the program will often allow a nurse to avoid the types of disciplinary action that may otherwise get reported in state and federal databases.
Our Professional License Defense Team at the Lento Law Firm can discuss this option and help you better understand whether it's one that might be available to you. If it is, we can also assist you with such tasks as completing the forms and demonstrating to the Board that you qualify for the program.
How the Ohio Board of Nursing May Investigate a DUI
OBN may investigate the case further if a nurse self-reports a DUI or not. Again, failing to self-report when doing so is required could negatively affect a case's outcome for a nurse.
A nurse facing disciplinary action has the opportunity to defend themselves. At some point, the nurse will receive notice from OBN informing them of an official hearing on their case. As the law describes, such a hearing will closely resemble a hearing in a legal case, as witnesses may be sworn in and testimony may be presented.
Respond to the notice promptly upon receiving it. Failure to respond to the notice or appear at your own hearing can affect any disciplinary action the Board may consider.
However, it's unwise to attempt to handle your own defense in any way during an OBN investigation or hearing. Anything you say could end up being used against you if you make statements you didn't realize could be harmful. On top of that, as a nurse, you might lack the experience needed to gather evidence necessary for your defense during a hearing.
These aren't matters you need to worry about when you hire lawyers qualified to handle your type of case. The Lento Law Firm Professional License Defense Team's attorneys can speak on your behalf throughout the process, guarding against the types of common errors that could affect the case's outcome.
Why a Criminal Defense Attorney Can't Help With Your Nursing License Defense Case
There are many differences between criminal cases and OBN investigations that indicate why a criminal defense attorney isn't the right choice to defend your professional license. Consider the following examples:
- The burden of proof necessary for securing a criminal conviction is typically much stricter than the burden of proof the Board needs to meet to justify disciplinary action.
- The Board may consider forms of evidence and testimony that aren't relevant to a criminal case.
- The disciplinary action the Board may take isn't the same as the criminal penalties a nurse could face after a conviction.
- The alternative options available to nurses under OBN investigation may be unfamiliar to a lawyer whose main experience is in criminal cases.
At the Lento Law Firm Professional License Defense Team, we're prepared to represent nurses employed at major healthcare facilities throughout Ohio, including:
- Cleveland Clinic (Cleveland)
- Ohio State University Wexner Medical Center (Columbus)
- Christ Hospital (Cincinnati)
- Cleveland Clinic Akron General (Akron)
- Miami Valley Hospital (Dayton)
- Kettering Health Main Campus (Kettering)
- ProMedica Toledo Hospital (Toledo)
Again, those are just examples. It doesn't matter what specific employer you work for—if you're an Ohio nurse facing potential disciplinary action because of a DUI or OVI, the Professional License Defense Team at the Lento Law Firm is available to handle your case.
Contact the Lento Law Firm if a DUI Threatens Your Nursing License in Ohio
Fear over the way a DUI or OVI can affect your nursing license in Ohio is natural. Fortunately, you don't need to live in this state of concern for a moment longer.
Review your case with the Lento Law Firm Professional License Defense Team, and you'll understand there are legal professionals who specifically handle cases involving OBN investigations and disciplinary action. We'll help you protect the career you've worked so hard for. Get started today by contacting us through our online form or calling us at 888-535-3686.
