Being convicted of driving under the influence (DUI) in South Carolina can affect everything from your bank account to your career—particularly if you're a nurse. If there's reason to believe a nurse has a substance abuse issue and may thus be unfit to practice, the South Carolina Board of Nursing (the Board) has the authority to take disciplinary action.
Are you facing a Board investigation because of a DUI in South Carolina? If so, our Professional License Defense Team at the Lento Law Firm will help you guard against unreasonable consequences that could otherwise prevent you from practicing nursing in the state. Find out more about how we help by calling our offices at 888-535-3686 or submitting your information through our online form.
South Carolina DUI Laws and Criminal Penalties
South Carolina law prohibits operating a motor vehicle while under the influence of alcohol or drugs to the extent that one's faculties are “materially and appreciably impaired.” The law also states that someone may be convicted of a DUI if they drive with a blood alcohol content (BAC) of 0.08 or higher, even if there is no other evidence to suggest that they're impaired.
For a first offense, potential penalties in a South Carolina DUI case include:
- A fine of up to $400 (although the total someone might have to pay could be closer to $1000 when assessments and surcharges are added on)
- Imprisonment of 48 hours to 30 days
- Six-month suspension of a driver's license
The consequences of a DUI might not stop there for a nurse. Because they are involved in treating the public and thus play a role in public safety, nurses with substance abuse issues are often subject to disciplinary action. The goal of the Board when disciplining a nurse is to protect the public and not necessarily to ensure a nurse receives fair treatment.
That's not meant to suggest the Board will handle your case inappropriately. However, it's important to understand what the Board's priorities are. Because the Board is concerned with exercising caution, you need someone on your side who can advocate for your rights. That's precisely the type of advocacy we offer at the Lento Law Firm Professional License Defense Team.
A South Carolina Nurse with a DUI May Also Face Professional Consequences
South Carolina law establishes that the Board can take various forms of disciplinary action against a nurse in certain specific circumstances. For example, the law states that the Board has the authority to discipline a nurse or deny a nurse applicant a license if they've been convicted of any drug or alcohol related crime. Thus, a DUI conviction could trigger disciplinary action by the Board.
Forms of disciplinary action the Board might take include:
- Refusing to issue a nursing license applicant a license
- Refusing to renew the license of a currently licensed nurse
- Private reprimand
- Public reprimand or censure, which could theoretically affect a nurse's employment prospects
- Requiring a nurse to complete a relevant education and/or training course
- Probation, during which a nurse may have to abide by certain terms and conditions to avoid further disciplinary action
- License suspension, prohibiting a nurse from practicing in South Carolina for a specified period
- Revocation, which means a nurse would have to get relicensed to practice nursing in South Carolina again
The Board may consider various mitigating factors when determining what form of disciplinary action (if any) is warranted. Potential mitigating factors include:
- A nurse not having ever been in trouble in the past
- A nurse with a strong work performance record
- A nurse taking proactive steps to address a substance abuse issue
- Professional licensed defense attorneys can help by presenting such mitigating factors to the Board. They could potentially work out a deal with the Board, allowing a nurse to admit to certain violations in exchange for relatively lenient penalties.
The main point to understand is that the Board has substantial power. If the Board elects to pursue disciplinary action, this decision could have significant implications for a nurse's career for years to come.
Having proper representation is essential now. At the Lento Law Firm, our Professional License Defense Team is ready to defend your career when a DUI has put your nursing license at risk.
Should a Nurse Self-Report a DUI to the South Carolina Board of Nursing?
Do you have to contact the Board if you've been arrested for a DUI in South Carolina? Not at this stage. However, the Board does require nurses and applicants to answer questions about criminal convictions when applying for licenses and renewing their licenses. The Board also conducts criminal background checks during the licensing process and whenever else it deems necessary.
At the very least, you will need to provide the Board with information about your DUI when you renew your license. Attempting to conceal the DUI from the Board will only give its members more reason to consider harsh disciplinary action.
It may even be wise to contact the Board before applying for license renewal. That's because the Board could find out about your DUI through other means. For example, it's not uncommon for courts to reach out to nurse licensing agencies and other such agencies when licensed professionals are convicted of DUIs and similar crimes. Alerting the Board to your DUI before it learns of it through an outside source might positively influence your case's outcome.
Emphasis on might. Every case is unique. That's why one of the best ways to protect yourself right now is to review your case with qualified professionals.
At the Lento Law Firm, our Professional License Defense Team will help you determine whether contacting the Board now is the ideal decision. We can also help you properly self-report a DUI to the Board so that you can provide the necessary information without providing more details than may be necessary.
The South Carolina Recovering Professionals Program: An Alternative to Discipline
Disciplinary action isn't the only potential outcome when a nurse has a DUI, and the Board discovers it. Often, the Board may present a nurse with a DUI or a substance abuse issue with the option of participating in the South Carolina Recovering Professionals Program (RPP).
This program is an alternative to disciplinary action. Its purpose is to ensure nurses and other such professionals in South Carolina receive proper support when they have substance abuse issues that may affect their ability to do their jobs properly.
Participation in the RPP is entirely voluntary. If the Board doesn't actively present the program as an option, a nurse also has the option of referring themselves, although the Board may not deem them eligible for participation.
A nurse who participates in the program must admit to having a substance abuse issue. Throughout the duration of the program, they may need to follow various rules, such as submitting to monitoring.
It may seem as though enrolling in the RPP is ideal when the alternative is disciplinary action against a nurse's license. However, that's not always the case. For example, a nurse who doesn't actually have a substance abuse issue but enrolls in the program anyway may now be required to complete it in order to avoid more significant consequences.
At the Lento Law Firm, our Professional License Defense Team will happily discuss this topic with you in greater detail. We can help you better understand the pros and cons of the RPP and whether it's the best option for you. If this is an option we agree to pursue together, we can help you present a case to the Board (if the Board didn't suggest the RPP itself) to help show why you meet eligibility requirements.
What Does a South Carolina Board of Nursing DUI Investigation Involve?
In some cases, when the Board is investigating a South Carolina nurse for alleged misconduct, the nurse may not even be aware that an investigation is occurring. This could be the case when a third party has filed a complaint against the nurse. It's unlikely in your circumstances because you've probably reported your DUI to the Board yourself.
During an investigation, Board investigators will speak to witnesses and others who may provide information that can help the Board better determine whether a nurse is able to safely treat the public. Board investigators may also review relevant records, which could include records pertaining to the criminal aspect of a DUI case.
The investigators will submit a report to the Board upon conclusion of their investigation. Sometimes, the Board will decide to dismiss a case at this stage, deciding that disciplinary action isn't necessary.
If the Board decides that disciplinary action may be warranted, a hearing before a panel is usually the next step in the process. A nurse will receive notice of the hearing so that they can attend and defend themselves. Not attending the hearing could prejudice the Board against a nurse.
Both sides will have the opportunity to present evidence during a hearing. Once the hearing is over, panel members will generate a report with recommendations and present it to the Board. The Board may then review the report and order additional hearings or decide to move forward with disciplinary action.
It's very important to protect yourself throughout all stages of this process. With representation, you can avoid making the types of errors that could actually harm your case in the long run.
That's not something you have to worry about when you enlist the help of our Professional License Defense Team at the Lento Law Firm. Our attorneys will guide you through every step, ensuring that you feel confident as your case proceeds.
Surrendering a Nursing License in South Carolina
When the Board is investigating a nurse, the nurse may voluntarily surrender their nursing license. Doing so is not the same as admitting guilt.
A nurse won't be able to practice after voluntarily surrendering their license. In addition, surrendering one's license doesn't prevent the Board from taking disciplinary action, nor does it stop the Board from imposing conditions on a nurse's license.
This is another aspect of your case that we can provide valuable assistance with. Members of our Professional License Defense Team will review the details of your case and explain the potential advantages and disadvantages of surrendering a nursing license.
Why a Criminal Defense Attorney Can't Help When Your Nursing License is on the Line in South Carolina
Don't make the mistake of believing that a lawyer qualified to represent you in the criminal side of your case is also qualified to defend you during a Board investigation. Consider the following points:
- The overall process of a Board investigation differs from the process of a criminal case. A lawyer unfamiliar with the process will struggle to navigate it effectively.
- A criminal defense lawyer is used to working on cases in which the burden of proof is relatively high. They may be unprepared to handle a case in which justifying disciplinary action is easier than justifying legal penalties.
- Board investigators often focus on pieces of evidence and elements of a case that might not be as relevant on the criminal side. Because a criminal defense attorney is unaware of what the Board deems most important evidence-wise, they may not know how to present a case that makes the right impression on the Board during hearings and negotiations.
You're much better off seeking representation from a legal team that specifically represents professionals under investigation by state licensing agencies. At the Lento Law Firm, our Professional License Defense Team represents nurses employed throughout the state, including nurses who work at such major healthcare facilities as:
- MUSC Health-University Medical Center - Charleston
- Roper Hospital - Charleston
- Lexington Medical Center - West Columbia
- Bon Secours St. Francis Health System - Greenville
- Grand Strand Regional Medical Center - Myrtle Beach
- McLeod Regional Medical Center - Florence
- Spartanburg Medical Center - Spartanburg
Those are just a few examples. No matter who your specific employer is, if you're a nurse facing disciplinary action in South Carolina, we're available to offer much-needed assistance at this time.
Contact the Lento Law Firm to Protect Your South Carolina Nursing License if a DUI Jeopardizes It
We at the Lento Law Firm Professional License Defense Team genuinely admire nurses for their dedication to helping patients heal. If you're a South Carolina nurse whose career is in jeopardy because of a DUI, our goal is to provide the specialized, personalized representation a healthcare worker like yourself deserves. Learn more about how we can help by submitting your information through our online contact form or calling our offices at 888-535-3686.
