A driving under the influence (DUI) conviction in Kentucky doesn't just put you at risk of facing criminal penalties. Depending on what you do for a living, a DUI could also jeopardize your career.
Perhaps you're a nurse. If so, be aware the Kentucky Board of Nursing (or simply “the Board”) has the authority to take various forms of disciplinary action against a nurse's license if they struggle with substance abuse issues in such a way that prevents them from treating the public safely.
Help is available if you're a Kentucky nurse facing disciplinary action by the Board because you were convicted of a DUI. At the Lento Law Firm, our Professional License Defense Team has experience representing clients like you. Learn more about how we can help by submitting your information through our online contact form or calling our offices at 888-535-3686.
Kentucky DUI Laws and Potential Criminal Penalties
Under Kentucky law, someone commits a DUI if they operate or have physical control of a motor vehicle in any of the following circumstances:
- When they have a blood alcohol content (BAC) of at least 0.08 within two hours of driving
- When they are otherwise under the influence of alcohol
- When they are under the influence of any substance (or a combination of substances) that impairs their ability to drive safely
- When blood tests indicate the presence of certain controlled substances in their system
- When they are under the influence of a combination of alcohol and any other substance that results in impaired driving ability
- When they have a BAC of at least 0.02 within two hours of driving, and they are under the age of 21
DUI penalties in Kentucky can vary depending on numerous factors. The following are among the standard penalties someone may face if this is their first DUI in five years and they are over the age of 21:
- A fine of $200 to $500
- A jail sentence of two to 30 days
- Driver's license suspension of 30 to 120 days
- 90 days of treatment for substance abuse or alcohol abuse
- A potential of 48 hours to 30 days of community labor
Remember, the criminal penalties of a DUI don't represent all the ways a DUI can affect your life. If you're a nurse, a DUI could also affect your ability to practice in the state.
The Professional Consequences a Kentucky Nurse with a DUI May Face
One of the Board's top responsibilities is ensuring that nurses licensed to practice in Kentucky don't pose dangers to the public. If a DUI indicates a nurse may struggle with substance abuse issues, the Board may consider disciplinary action not only to “punish” a nurse but also as a means of protecting those they care for.
Forms of disciplinary action the Board is authorized to take against a nurse's license include:
- Reprimand: A reprimand is like a formal warning. It doesn't restrict a nurse's ability to practice in Kentucky. That said, a formal reprimand may come with a civil penalty, along with a requirement to participate in continuing education.
- Limitation/probation: With this form of discipline, a nurse can still practice, but their ability to do so is limited. For example, they may only be permitted to practice under supervision. Or, they might be subject to random drug/alcohol screens. This is typically not a permanent arrangement.
- Voluntary surrender: The Board may ask a nurse to voluntarily surrender their license. Unless a nurse has agreed to a permanent voluntary surrender, they can usually get their license back after fulfilling certain conditions.
- Suspension: The Board can prohibit a nurse from practicing in Kentucky for a set period of time. In some cases, suspension ends once said period of time has elapsed. In others, nurses may need to fulfill certain conditions (such as undergoing drug or alcohol evaluations) before they can get their licenses back.
- Revocation: A revocation prevents a nurse from practicing in Kentucky until they get relicensed. When revoking a nurse's license, the Board may state how much time must pass before they can apply for a new one. In rare cases, the Board will permanently revoke a nurse's license, meaning they can never practice nursing in Kentucky again.
- Denial: The Board can refuse to issue a license to a prospective nurse.
- Reinstatement denial: The Board may refuse to reinstate a lapsed or surrendered license until a nurse meets certain conditions.
Many factors can influence the types of disciplinary action the Board may consider in your case. Examples include whether this is your first violation, whether you've taken steps to address the issue and more.
Our goal at the Lento Law Firm's Professional License Defense Team is to protect the career you've worked so hard for. If it's possible to avoid disciplinary action entirely, we'll work hard to secure such an outcome.
Consent Decrees and Agreed Orders in Kentucky Nurse DUI Cases
Along with considering disciplinary action, in Kentucky, the Board may also offer the following two options to a nurse:
- Consent decree: The Board sometimes offers this option when it determines an instance of misconduct is essentially minor or that a nurse engaged in unintentional misconduct. With a consent decree, a nurse waives the right to a hearing and pays a civil penalty in order to avoid potentially greater disciplinary action. Depending on the nature of the misconduct or violation, one of the terms of a consent decree may be a requirement that a nurse undergo continuing education.
- Agreed order: An agreed order in a Board investigation is similar to a plea deal in a criminal case. It involves a nurse agreeing that they committed a violation. With this arrangement, a nurse can negotiate the terms of disciplinary action with the Board instead of allowing the Board to determine what forms of discipline a nurse should face on its own. As with a consent decree, if a nurse enters into an agreed order, they waive their right to a hearing.
It's not always easy to determine whether these options are in your best interests. Additionally, you may need assistance demonstrating to the Board why such options should be on the table at all.
We at the Lento Law Firm's Professional License Defense Team can help with these (and all other) aspects of your case. If a consent decree or agreed order are options in your case, we'll help you better understand their pros and cons.
Should a Nurse Report a DUI Arrest to the Kentucky Board of Nursing?
There is no legal requirement that a nurse report a DUI arrest to the Board. However, the law does require nurses to report convictions to the Board within 90 days of said convictions being entered. This requirement applies to both felony and misdemeanor convictions.
Depending on the nature of the conviction, the Board may take additional steps, like asking a nurse to participate in an investigative interview. If a conviction indicates that a nurse may have a substance abuse issue or may otherwise be subject to disciplinary action, the Board could open an investigation.
What Does a Kentucky Board of Nursing DUI Investigation Look Like?
The exact details of an investigation can depend on whether a nurse self-reported a DUI or whether someone else filed a complaint against them. Generally, though, the Board's investigation process involves:
- Notice: A nurse will receive notice if a complaint has been filed against them. They have 30 days to respond to this notice in writing. At this stage, the Board might require the nurse to undergo a mental health evaluation, substance abuse disorder evaluation, or similar testing.
- Next actions: Usually, a nurse is allowed to continue working while under investigation. Their employer might not even know they're being investigated in some cases. However, if the Board determines a nurse potentially represents an immediate danger to the public, it may suspend a nurse's license until the investigation is completed.
- End of the investigation: Once investigators gather information and present it to the Board, the Board may decide that no further action is necessary. Or, it may offer a nurse the option to enter into an agreed order or consent decree. If these options aren't available, or if a nurse refuses to accept them, the process moves to the next stage.
- Formal administrative hearing: A nurse will receive notice of a hearing. They have 20 days to respond to this notice. A nurse has the option of hiring a lawyer to represent them during the hearing. An attorney can also represent a nurse during a pre-hearing conference. At the hearing, a panel consisting of two Board members and a Hearing Officer will listen to both sides of the story and make a determination regarding whether disciplinary action is necessary.
Navigating this process alone can be very overwhelming. Luckily, it's also entirely unnecessary.
With representation from qualified attorneys with the Lento Law Firm's Professional License Defense Team, you can enjoy much greater peace of mind throughout a Board investigation. Our team can also handle all correspondence with the Board, helping you guard against making statements that could potentially harm your case.
The Kentucky Alternative Recovery Effort for Nurses: A Potential Alternative to Disciplinary Action
The Kentucky Alternative Recovery Effort for Nurses (KARE) is a program offering substance abuse treatment and support to nurses. In some cases, the Board may offer a nurse the option of participating in such a program as an alternative to disciplinary action.
It may seem like this is always an offer you should accept. However, you must consider the long-term implications of enrolling in the KARE program before immediately agreeing to do so. Lawyers with our Professional License Defense Team at the Lento Law Firm can help you evaluate the potential benefits of this option.
Why a Criminal Defense Lawyer Shouldn't Defend Your Professional License
Hiring a criminal defense attorney shortly after being arrested is important. Having someone who understands the legal system by your side can significantly influence the outcome of your criminal case.
However, it's important to understand how a criminal case can differ from a Board investigation in many ways. For example, in a criminal case, a jury typically decides whether someone is guilty unless they enter a guilty plea before going to trial. A jury of one's peers doesn't play this role in a Board investigation.
Similarly, the types of evidence a Board investigator considers significant might be different from the types of evidence a district attorney would prioritize in a criminal case. For instance, a district attorney may primarily focus on gathering evidence indicating someone was driving while intoxicated. A Board investigator might instead prioritize evidence that indicates a long-term pattern of substance abuse issues.
Finally, the processes are simply different. Every step of the way, a Board investigation differs from a criminal case in regard to the “small details” that can add up over time. A criminal defense attorney with little to no experience handling this type of case may not be able to help a client successfully navigate it.
That's not something you need to worry about when you enlist the help of our Professional License Defense Team at the Lento Law Firm. Our attorneys are prepared to assist nurses working for such major Kentucky healthcare employers as
- University of Kentucky Albert B. Chandler Hospital - Lexington
- St. Elizabeth Healthcare Edgewood-Covington Hospitals - Edgewood
- Baptist Health Louisville
- AdventHealth Manchester
- Baptist Health Corbin
- Baptist Health Deaconess Madisonville
- Baptist Health Hardin
- Baptist Health La Grange
- Baptist Health Lexington
- Baptist Health Paducah
- Baptist Health Richmond
- Bluegrass Community Hospital - Versailles
Those are just examples. Regardless of where you work in Kentucky, our team is available to defend your nursing license if you're in trouble with the Board because of a DUI.
Contact the Lento Law Firm if a DUI Jeopardizes Your Kentucky Nursing License
Don't let stress and fear paralyze you when a DUI puts your Kentucky nursing license at risk. By taking proactive steps now, you can mitigate the effects a DUI has on your ability to practice nursing in Kentucky.
We at the Lento Law Firm's Professional License Defense Team work with nurses like you. Our unique understanding of Board investigations allows us to offer an effective defense in your particular circumstances. Get started today by calling us at 888-535-3686 or submitting your information via our online contact form.
