The penalties a motorist can face if they're convicted of driving under the influence (DUI) in South Dakota can involve more than just criminal consequences. For example, maybe you're a nurse. A DUI could affect your career if so.
The South Dakota Board of Nursing (or simply the Board) licenses and supervises nurses throughout the state. The Board has the authority to take disciplinary action against the licenses of nurses who may be unfit to practice nursing safely.
The Board might consider disciplinary action if a DUI suggests a nurse struggles with a substance abuse issue. Depending on the exact type of disciplinary action the Board proceeds with, a nurse could theoretically lose the full privilege of practicing nursing in South Dakota.
Have you been convicted of a DUI in South Dakota? Protect yourself and your career now by getting in touch with the Lento Law Firm's Professional License Defense Team.
Our attorneys work specifically with professionals facing disciplinary action against their licenses, ensuring we have the experience necessary to handle a case like yours. Learn more by submitting your information through our online contact form or calling us today at 888-535-3686 for your free consultation.
South Dakota DUI Laws and Criminal Penalties
South Dakota law prohibits a motorist from operating a vehicle when they:
- Have a blood alcohol concentration (BAC) of at least 0.08
- Are under the influence of alcohol, cannabis, or any controlled substance without a valid prescription
- Are under the influence of any combination of alcohol, cannabis, and/or controlled substances
- Are under the influence of any controlled drug or substance for which they have a valid prescription, if the drug or substance renders them incapable of safely operating a motor vehicle
- Are under the influence of any combination of alcohol and a controlled drug or substance for which they have a valid prescription, if the effects of the substance or its combination with alcohol prevent a motorist from driving safely
- Are under the influence of any substance referenced in the South Dakota law on intentionally ingesting substances for the purposes of intoxication
The criminal penalties someone may face for a South Dakota DUI can depend on such factors as whether this is their first DUI, how high their BAC was, and more. The criminal penalties for a first DUI in South Dakota usually involve temporary loss of driving privileges. For subsequent offenses, those convicted of DUIs may face fines and even jail time.
That's not to mention the potential impact a DUI can have on someone's career. If you're a nurse, a DUI's impact on your ability to do your job may be particularly significant.
Although the Board's investigation into your DUI may not be a criminal matter, when your career is on the line, it's important to take it as seriously as you would a criminal case. Protect yourself by enlisting the help of our Professional License Defense Team at the Lento Law Firm.
The Professional Penalties a South Dakota Nurse May Face for a DUI
The Board has the authority under South Dakota law to take certain actions against the license of a nurse who's been convicted of a drug or alcohol offense if there's a valid reason to conclude the conviction or substance issue interferes with a nurse's ability to perform their duties properly and safely.
Specific forms of disciplinary action the Board may take include:
- Denial of a license if a prospective nurse is applying for a South Dakota nursing license for the first time
- Refusal to renew the existing license of a South Dakota nurse
- Temporary suspension of a nurse's license
- Revocation of a nurse's license
- Probation, during which the Board may impose certain limitations on a nurse's ability to practice
- Formal reprimand
If the Board is considering disciplinary action, lawyers can help by citing mitigating factors that suggest any disciplinary action the Board takes should be reasonable. For example, an attorney may highlight the fact that a nurse has a strong performance record and has never been in trouble in the past.
The specific ways our attorneys will defend your license will depend on the specific details of your case. Contact our Professional License Defense Team at the Lento Law Firm today for more information.
Does a South Dakota Nurse Have to Report a DUI to the South Dakota Board of Nursing?
There is no law in South Dakota stating a nurse has to self-report a DUI arrest. However, a nurse will have to report a DUI conviction before they can renew their license. Reporting a conviction sooner rather than later is wise, as the court may automatically provide the Board and/or a nurse's employer with information about their conviction.
Be aware that other parties who have knowledge of a nurse's DUI arrest or substance abuse issue may report their concerns to the Board. Self-reporting can sometimes help a nurse make a better impression on the Board than they might make if they waited for someone else to file a complaint against them.
Knowing when to self-report a DUI can be confusing. You may also worry about making errors during the self-reporting process that could influence the Board's decision to take disciplinary action. Address your concerns now by contacting the Lento Law Firm's Professional License Defense Team to discuss your case.
What a South Dakota Board of Nursing DUI Investigation Consists Of
The exact details of a Board investigation when a South Dakota nurse is convicted of a DUI can vary depending on such factors as whether a nurse self-reported their DUI or whether someone else filed a complaint. Generally, though, the process involves the following:
- A nurse self-reports their DUI, or someone files a complaint against them.
- If someone has filed a complaint, the Board conducts an initial overall review of said complaint to determine if the nature of the alleged misconduct is grounds for discipline. The Board will provide a nurse with a copy of the complaint accordingly.
- Investigators will begin looking into the matter if it appears disciplinary action may be necessary. During the investigation, they might request an informal interview or meeting with the nurse being investigated. This gives a nurse the opportunity to share their side of the story. However, it can also backfire for a nurse if they accidentally make harmful statements. If Board investigators ask you to participate in such an interview, ensure your lawyers are present.
- Investigators will present their findings to the Board's Compliance Committee, a subcommittee of the Board itself. The Compliance Committee will determine a “settlement” that may require a nurse to admit to wrongdoing or accept certain forms of disciplinary action to avoid harsher penalties. In this way, a settlement functions much like a plea deal in a criminal case. Your lawyers will review such offers and help you determine whether accepting a settlement offer is in your best interests. If a nurse accepts a settlement offer, the matter goes before the Board for final approval.
- If a nurse refuses to accept the Compliance Committee's settlement offer, the Board will hold a contested case hearing. A nurse should have representation from an attorney during this hearing to ensure they present their side of the case effectively and persuasively. A lawyer can also protect a nurse's rights at all stages of a hearing. Upon conclusion of the hearing, Board members will convene to determine whether to proceed with disciplinary action.
This process can be very intimidating for a nurse worried about their professional license. Fortunately, you don't have to face an investigation alone. Our Professional License Defense Team at the Lento Law Firm is prepared to assist you every step of the way.
The South Dakota Health Professionals Assistance Program: A Potential Alternative to Disciplinary Action
The Board doesn't always take disciplinary action after investigating a nurse's DUI. One alternative the Board may consider is requiring a nurse to participate in the South Dakota Health Professionals Assistance Program (HPAP). A nurse can also introduce this idea as an alternative to discipline, although the Board doesn't have to honor their request.
Enrolling in HPAP may allow a nurse to avoid disciplinary action against their license. However, the program, which provides healthcare workers in South Dakota with access to support for substance abuse issues, may have burdensome requirements. For example, a nurse who enrolls in HPAP may have to agree to undergo regular monitoring, drug testing, and counseling for an extended period of time.
You must account for numerous factors when determining whether HPAP is right for you. If you do choose to ask the Board to let you participate in HPAP as an alternative to discipline, you might also need to build a case showing why this is an appropriate option given the circumstances.
These are just more instances in which it's extremely valuable to have proper legal assistance. At the Lento Law Firm, our Professional License Defense Team's attorneys will gladly help you evaluate HPAP if this is an option that may be available to you.
Why a Criminal Defense Attorney Isn't Right for a License Defense Case
You're smart to hire a criminal defense lawyer immediately after being arrested for a DUI. You likely know that failing to hire a lawyer leaves you vulnerable to making the kinds of errors that could strengthen the prosecution's case—while weakening yours.
That said, it's a mistake to assume that a criminal defense attorney is qualified to handle the professional license defense aspect of your case. The following are key reasons why a criminal lawyer isn't right for this element of your defense:
- Much of the value an attorney offers derives from their familiarity with complex processes. Because the criminal process varies from the Board's investigative and disciplinary processes, a criminal defense attorney may not be able to successfully guide you through a case.
- Relationships are key to a proper defense. A strong criminal defense lawyer is often one who understands the personalities and professional approaches of district attorneys, judges, and even police officers in their service area. They very likely won't be as familiar with the parties involved in a Board investigation.
- A criminal defense lawyer is very unlikely to have substantial experience handling cases like yours. This can have significant implications for your peace of mind as an investigation proceeds. One of the perks of having a qualified attorney is that you have someone you can turn to when you have questions about your case. A professional license defense attorney can address your worries by citing specific cases like yours to explain how they've achieved positive results for other clients. A criminal defense lawyer with little or no license defense experience cannot offer such comfort.
Our Professional License Defense Team at the Lento Law Firm is uniquely qualified to serve your needs. We're prepared to represent nurses from such major South Dakota healthcare facilities and employers as:
- Sanford USD Medical Center - Sioux Falls
- Avera McKennan Hospital and University Health Center - Sioux Falls
- Avera Dells Area Hospital - Dell Rapids
- Avera De Smet Memorial Hospital - De Smet
- Avera Flandreau Hospital - Flandreau
- Avera Queen of Peace Hospital - Mitchell
- Avera Sacred Heart Hospital - Yankton
- Avera St. Benedict Health Center - Parkston
- Avera St. Luke's Hospital - Aberdeen
Those are just examples. If your employer isn't on the above list, no worries! If you're a nurse practicing anywhere in South Dakota, the Lento Law Firm Professional License Defense Team will help when a DUI conviction puts your career at risk.
Contact the Lento Law Firm if a DUI Jeopardizes Your South Dakota Nursing License
A DUI is stressful enough for anyone. It can be particularly frightening if you're a South Dakota nurse who now has to worry about how a DUI will affect your job.
We at the Lento Law Firm's Professional License Defense Team understand that nurses play a vital role in our society. When a nurse faces disciplinary action for a DUI, we want to ensure they have a proper defense.
A proper defense is exactly what you'll receive when you hire us. Get started today by calling our offices at 888-535-3686 or submitting your information online to learn more about how we can help with your case.
