A driving while impaired (DWI) or driving under the influence (DUI) arrest or conviction in Oklahoma can involve more than just criminal penalties. It's not uncommon for such violations to also have consequences affecting a person's career. This is particularly true if they're a licensed professional whose job involves public health or safety in some capacity.
Consider the example of a nurse. If a nurse has a DUI or DWI, it might be because they have a substance abuse issue. If so, the Oklahoma Board of Nursing (hereafter referred to simply as the Board) may take disciplinary action to prevent them from putting patients or other members of the public in harm's way.
Are you an Oklahoma nurse with a DWI or DUI? If so, our Professional License Defense Team at the Lento Law Firm is available to help you guard against the ways such a violation could limit your ability to practice nursing in the state. Learn more about what we can do for you by submitting your information through our online contact form or calling us at 888-535-3686 today.
Oklahoma DWI and DUI Laws
Oklahoma has two laws that may be relevant to your case: a DWI law and a DUI law.
Per the DWI law, someone may be guilty of a DWI if evidence shows they were driving with a blood alcohol concentration (BAC) greater than 0.05 but less than 0.08. However, there must also be additional evidence indicating a driver was genuinely impaired in some capacity to justify charges.
Under the DUI law, someone may commit a DUI in Oklahoma if they operate or attempt to operate a motor vehicle under any of the following conditions:
- Their BAC is 0.08 or more within two hours of being arrested.
- They are generally under the influence of alcohol.
- Blood, saliva, or urine testing indicates the presence or signs of a Schedule I controlled substance in their system within two hours of being arrested.
- They are under the influence of any controlled substance, not necessarily alcohol, that prevents them from being able to safely operate a motor vehicle.
- They are under the influence of any combination of substances that negatively impairs their ability to safely operate a motor vehicle.
Many factors can influence the penalties someone may face for a DUI or DWI in Oklahoma. Examples of potential legal consequences of a conviction include:
- Up to $10,000 in fines and fees
- A requirement to install an ignition-interlock device (IID) in one's vehicle
- Potential jail time
- Potential suspension or revocation of a driving license
Unfortunately, the consequences of a DUI or a DWI may not solely include legal penalties. If you're a nurse in Oklahoma, you may also face professional consequences. Protect yourself by enlisting the help of our Professional License Defense Team at the Lento Law Firm.
The Professional Consequences an Oklahoma Nurse with a DUI or DWI May Face
Oklahoma law grants the Board the authority to take various forms of disciplinary action against a nurse's license for numerous violations of the rules and laws that govern nursing in Oklahoma. Specifically, the Board can take action against a nurse with a DUI or a DWI because such a violation could be a sign of a larger substance abuse issue or similar problem that might prevent a nurse from safely doing their job.
Forms of disciplinary action the Board is authorized to take include:
- License denial: If a nurse doesn't currently have a license (or is renewing their license) in Oklahoma, a DUI or DWI may give the Board a reason to justify denying a license.
- Suspension: The Board may temporarily suspend a nurse's license to protect the public and give a nurse the opportunity to continue practicing while nevertheless facing professional penalties.
- Revocation: The Board can permanently revoke a nurse's license in cases involving egregious misconduct. A nurse who wants to continue practicing in Oklahoma after a license revocation will have to complete the entire licensing process over again.
Those are just the specific forms of discipline the law references when stating how the Board may take action against the license of a nurse who's committed some sort of violation. The law also states the Board can “otherwise discipline” nurses if it doesn't take the above actions, indicating the Board has significant freedom to determine what it considers an appropriate penalty.
For example, a relatively “minor” form of discipline the Board may consider involves formally reprimanding a nurse. This is like a nurse receiving an official warning. The reprimand is public, meaning anyone who wishes to learn about disciplinary actions against a nurse's license (such as potential employers) can do so.
The Board might also consider probation. Similar to suspension, probation may allow a nurse to continue practicing nursing as long as they abide by the terms of their probation. Failure to do so could result in greater penalties.
The main point to understand is that a DUI or DWI can theoretically limit a nurse's freedom to do their job in Oklahoma. You must take the matter seriously when the Board is investigating you for a violation.
One way to protect yourself and your career right now is to coordinate with the Lento Law Firm's Professional License Defense Team. With experience representing clients like yourself, we're qualified to help you navigate these new and potentially overwhelming circumstances.
Should You Self-Report a DUI or DWI to the Oklahoma Board of Nursing?
The Board doesn't require nurses in Oklahoma to self-report DWI or DUI arrests that don't result in convictions. However, it's important to keep in mind that a nurse's colleagues, patients, or other such parties may file complaints with the Board if they suspect a nurse of having substance abuse issues. Thus, even if a nurse doesn't self-report their arrest, the Board may learn of it anyway.
In addition, the law does require prospective nurses to report arrests and convictions when applying for licenses. Similarly, a nurse will have to provide information about a DUI or DWI when renewing their license.
Understanding your duties can be very difficult in these circumstances. You may have never expected to find yourself in trouble with the Board because of a DWI or DUI. Thus, it makes sense if you don't know how to proceed.
This is another reason to seek legal assistance. At the Lento Law Firm, our Professional License Defense Team will help you handle tasks like self-reporting a DWI or DUI properly.
What Does an Oklahoma Board of Nursing DWI or DUI Investigation Involve?
The specifics of a Board investigation may vary depending on certain details of a case. For example, how the Board initiates an investigation may vary depending on whether a nurse self-reported a DWI or DUI or whether someone else filed a complaint against them.
Generally, though, the Investigative Division of the Board prioritizes “objective fact finding” when investigating nurses who may be subject to disciplinary action. During an investigation, Board representatives may interview a nurse's colleagues, employers, and any other parties that may have relevant insights. They'll also review other forms of evidence and data (such as a police report) that could provide more information to help the Board make a decision.
The Investigative Division doesn't actually decide whether disciplinary action is necessary. Upon completing its investigation, the Investigative Division presents its findings to the Board during hearings. A hearing also gives a nurse who is facing disciplinary action the opportunity to defend themselves. As with a criminal trial, it can be quite beneficial to have representation at this stage.
You may have numerous questions and concerns throughout all stages of an investigation. With the Lento Law Firm's Professional License Defense Team on your side, you can get answers to your critical questions from professionals who understand how these cases tend to play out. Our support won't just make you more comfortable during an otherwise difficult time—it can also help you guard against errors that could otherwise negatively influence your case's outcome.
What You Need to Know About the Oklahoma Board of Nursing's Peer Assistance Program for Substance Use Disorders
A DUI or DWI could indicate a nurse has a genuine substance abuse issue with which they struggle. Nursing boards throughout the country recognize that such issues are illnesses. In addition, the stressful work that nurses and health care professionals do can put them at greater risk of developing substance abuse problems. They shouldn't necessarily be punished for these struggles if they're willing to take steps to address them.
To that end, the Board offers some nurses the option of enrolling in the Peer Assistance Program for Substance Use Disorders. This voluntary program is sometimes considered an alternative to traditional disciplinary action.
The program is confidential. However, participating in it can involve various requirements, such as the requirement to undergo testing and treatment, potentially at a nurse's own expense.
You must account for many factors when deciding whether this program is right for you. Also, you must provide the Board with sufficient reason to agree that letting you participate in the program is a reasonable alternative to taking disciplinary action against your license. Essentially, the fact that the program could theoretically help a nurse avoid disciplinary action does not mean it's right for everyone.
This is yet another stage of the process in which a qualified legal professional can offer truly valuable help. We at the Lento Law Firm's Professional License Defense Team will never make critical decisions for you, but we can help you evaluate the pros and cons of options like enrolling in this program. Understanding your options (and whether they're truly right for you) is often easier with the help of professionals who have experience handling cases like yours.
Why a Criminal Defense Attorney Can't Help Now
You're making the right call (no pun intended) when you get on the phone with a criminal defense attorney instead of speaking to the cops after a DUI or DWI arrest in Oklahoma. Along with preventing you from making statements that could otherwise be used against you later, a criminal defense attorney can help you proceed through every step of a criminal case.
Emphasis on “criminal.” A Board investigation is very different from a criminal case. For example, the types of evidence that the Board prioritizes may not be as significant during criminal proceedings. Or, consider how the lack of a jury can influence the outcome of a case when the Board investigates a nurse for a DUI or DWI. This is an example of the many differences between these two types of cases that a criminal defense lawyer may not be qualified to handle.
It's essential that you have representation from attorneys who specifically defend professionals at risk of losing their professional licenses. Our Professional License Defense Team at the Lento Law Firm is prepared to assist nurses practicing virtually anywhere in Oklahoma. The following are just new significant healthcare facilities in the state whose nurses we can represent:
- St. Francis Hospital - Tulsa
- AllianceHealth - Clinton
- AllianceHealth - Durant
- Arbuckle Memorial Hospital - Sulphur
- AMG Specialty Hospital - Oklahoma City
- AllianceHealth - Woodward
- AllianceHealth - Ponca City
- AllianceHealth - Madill
Again, these are merely examples. Don't let not seeing your employer on that list prevent you from contacting us! If you're a nurse in Oklahoma facing licensing issues because of a DWI or DUI, we're prepared to offer unique defense services tailored to the specifics of your case.
Contact the Lento Law Firm for Help When a DUI or DWI Jeopardizes Your Oklahoma Nursing License
It can be very frightening when you're a nurse who has been arrested for or convicted of a DUI or DWI in Oklahoma. You've worked very hard to reach this stage in your career. You don't want to worry about a violation undoing all of that hard work.
The best step now is to be proactive. By working with professionals like our Professional License Defense Team at the Lento Law Firm, you'll enjoy the peace of mind that comes from knowing qualified lawyers are handling your case. Learn more about what we can do for you by submitting your information online or calling us today at 888-535-3686.
