In Louisiana, driving while under the influence of drugs or alcohol may be referred to as driving under the influence (DUI), driving while impaired (DWI), or operating while impaired (OWI). They're all essentially the same offense—and being convicted of this offense can have significant consequences for virtually anyone's career. However, the career impacts of an OWI may be particularly significant for those with certain types of professional licenses.
A nurse is a professional who's entrusted with the safety and health of the public. The Louisiana State Board of Nursing (LSBN, or the Board), under the Nurse Practice Act (NPA) in Louisiana, has the authority to discipline nurses who may not be able to safely treat patients due to problems with drugs or alcohol. If you've been arrested for or convicted of a DUI in Louisiana, the Board could consider disciplinary action that might affect your ability to continue practicing nursing in the state.
Defending yourself with help from professionals who handle such cases is essential now. At the Lento Law Firm, our Professional License Defense Team specifically works with clients like you who are facing threats to their professional licenses—and thus, their careers. Learn more about what we can do by submitting your information through our online contact form today or calling us at 888-535-3686.
Potential Legal Consequences of a Louisiana DUI
Many factors can influence the criminal penalties someone may face if they're charged with a DUI or OWI in Louisiana. Such factors include:
- Whether this is a first offense
- Their blood alcohol content (BAC)
- Whether they caused an accident resulting in injuries, death, or property damage
Under Louisiana law, OWI involves operating a car or other such vehicle under any of the following conditions:
- While impaired by alcoholic beverages, regardless of BAC
- With a BAC of 0.08 or more
- While impaired by any other drug, a combination of drugs, or a combination of alcohol and drugs
For a first offense, the penalties someone may face could include:
- A fine of $300 to $1000
- 10 days to up to six months in jail
- A sentence of 48 hours of jail time, which may instead be served in the form of 32 hours of community service
- Probation
- A requirement to complete a substance abuse program involving an assessment, and completing any treatment as recommended by the program
- A requirement to participate in a driver improvement program
Again, those are just the potential penalties for a first offense. Penalties may be more significant for future violations.
It's certainly smart to enlist the help of a criminal attorney when facing criminal charges. However, a criminal lawyer isn't qualified to assist with the other element of your case: the potential LSBN investigation.
For that side of the case, you need assistance from legal professionals who focus on handling cases involving professional license issues. That's exactly what you'll find at the Lento Law Firm's Professional License Defense Team.
A Louisiana DUI May Result in Professional Consequences for a Nurse
Louisiana law states the Board has the power to discipline a nurse in various ways for various reasons. One reason the Board may take disciplinary action is a nurse being convicted of a crime “which reflects the inability of the nurse to practice nursing with due regard for the health and safety of clients or patients.”
A conviction isn't necessarily the only grounds for disciplinary action on the Board's part. The Board can also take disciplinary action against a nurse who pleads guilty or enters a plea of nolo contendere, regardless of the final outcome of the case.
Being convicted of a DUI, DWI, or OWI in Louisiana may indicate to the Board that a nurse has a substance abuse issue. The Board, considering the safety of the public, may thus opt to discipline a nurse based on said conviction.
Forms of disciplinary action LSBN may consider include:
- Fines
- Probation
- Formal reprimand
- Placing specific limitations on a nurse's freedom to practice nursing in Louisiana
- License suspension
- License revocation
The law also authorizes LSBN to take emergency action when the Board reviews the basic details of a case and determines this is necessary. This involves summary suspension of a nurse's license so that they can't practice nursing even though the Board hasn't made a final decision about their case.
A nurse may be able to negotiate a consent order with the Board. This is similar to negotiating a plea deal in a criminal case. A nurse agrees to admit to certain violations, and the Board typically agrees to a less significant form of disciplinary action than it might have otherwise considered.
You don't have to navigate the disciplinary process alone if you're a Louisiana nurse whose license is on the line because of a DUI conviction. Our Professional License Defense Team at the Lento Law Firm is prepared to offer the defense you need when the Board is considering discipline.
Disciplinary Action and the Nursys System in Louisiana
When LSBN takes disciplinary action against a nurse, it publishes a record of said action. Potential employers and other such parties may access this information. This is one way in which Board disciplinary action can affect a nurse's future career in Louisiana.
It can also affect their career outside the state. The Board participates in the Nursys system, an information-sharing program that connects nurse licensing boards across most states in the country. Nursys offers genuine benefits to nurses who wish to get licensed in other states by speeding up the process.
However, because Louisiana is a Nursys state, that means the Board also shares information about disciplinary action. Thus, licensing boards outside of Louisiana could also access this information.
Don't take the matter lightly if you're facing Board disciplinary action because of a DUI. The outcome of the case has profound implications for your career. Protect yourself by coordinating with our Professional License Defense Team at the Lento Law Firm.
Should You Report a DUI or OWI to the Louisiana State Board of Nursing?
LSBN rules require nurses to self-report DUI convictions and similar violations. Nurses applying for licenses must also report arrests. There is no legal requirement to report an arrest prior to a conviction if you're already a practicing nurse.
However, getting ahead of this matter is in your best interests. In some instances, even though you're not technically required to report an arrest to the Board, doing so may be wise if you anticipate a conviction.
Knowing what to do in these circumstances can be very difficult. Always keep in mind that you don't have to navigate these processes alone. Our attorneys with the Lento Law Firm's Professional License Defense Team will happily review your case and explain the reasons you may consider self-reporting a DUI. If you do contact the Board to report an arrest or a conviction, we can also help you provide the necessary information without accidentally providing any information that could jeopardize your case.
The DUI Investigation and Hearing Process for a Louisiana Nurse
A Board investigation and hearing can be a nuanced process involving many steps. Various details of a case can influence how the process plays out.
LSBN offers a general overview of the investigation process while directly stating their overview is a simplification that doesn't necessarily reflect all the steps the process will involve in every circumstance.
This is why it's important to have a lawyer who understands these types of cases. Our team can assist you in navigating every step. Per the Board, those steps may involve:
- Investigation: The Board may launch an investigation upon learning of your DUI. The Board should typically notify you of an investigation at this stage. During the investigation, the Board may interview witnesses and request information from you directly. Don't wait too long to comply with these requests, but review them with your lawyer first. The investigation may take anywhere from three to 18 months in a typical case.
- Complaint: The Board may file a formal complaint if the results of an investigation suggest a violation has occurred.
- Notice: The Board will set a hearing date for your case. You will receive at least 20 days advance notice of the hearing date.
- Hearing: The board legal counsel represents LSBN during the hearing. They will state their case by presenting evidence like witness testimony, relevant records, etc. During a hearing, you have the opportunity to present the same type of evidence in your defense. Your lawyer can represent you, ensuring there's minimum pressure on you during the hearing process itself. However, be aware that the hearing can proceed without you if you fail to appear.
- Final Order: Upon rendering a decision about a case, the Board will mail you a copy of their final order. Read it thoroughly to confirm you understand everything it requires of you.
Your attorneys can help you prepare for a hearing by gathering evidence and explaining what you should expect when the Board presents its case. It's extremely important right now to let your lawyers handle these matters. Unless they direct you to, don't try to access evidence yourself or interview witnesses on your own. Any errors you make at this stage could negatively affect your case's outcome.
That's not something you need to worry about when you hire the Lento Law Firm Professional License Defense Team. We'll assist you with all aspects of your case, ensuring you don't run the risk of making procedural errors.
An Alternative to Disciplinary Action in a Louisiana Nurse DUI or OWI Case
The Louisiana Recovering Nurse Program (RNP) is a voluntary program for nurses with substance abuse issues. Sometimes, the Board offers a nurse the option of participating in the program in lieu of disciplinary action.
Not every nurse is eligible to participate in the program. The specific conditions of the program may also vary somewhat on a case-by-case basis.
This highlights one of the many benefits of working with a lawyer when facing Board disciplinary action. Attorneys with the Lento Law Firm Professional License Defense Team can discuss these options and help you more thoroughly appreciate whether they're right for you. If this is an option you'd like to pursue, we can also help show why you meet eligibility requirements.
A Criminal Defense Firm Can't Offer a Professional License Defense
The Board investigation process after a DUI conviction can be quite different from the criminal process after being arrested and charged with a DUI. For example, the types of evidence that might be valuable in one case may be less of a priority in the other. Similarly, the burden of proof to justify taking action may be lower in a professional license case than in a criminal case.
You need representation from professionals who understand the way these cases play out. At the Lento Law Firm, our Professional License Defense Team can assist you with everything from the initial case review to a hearing with the Board. We represent nurses employed at healthcare facilities across the state, including such facilities as:
- Ochsner Medical Center - New Orleans
- Our Lady of the Lake Regional Medical Center - Baton Rouge
- Willis-Knighton Medical Center - Shreveport
- Ochsner Lafayette General Medical Center - Lafayette
- Abbeville General Hospital - Abbeville
- Abrom Kaplan Memorial Hospital - Kaplan
- Acadia General Hospital - Crowley
Don't worry if you don't see your employer on that list. Our team is available to represent a nurse anywhere in the state.
Call the Lento Law Firm Today if a DUI in Louisiana is Jeopardizing Your Nursing License
It can be very stressful to worry how a DUI or OWI will impact a career you've worked so hard for. The best approach now is a proactive one. The sooner you contact professionals qualified to assist with your case, the sooner you can relax, knowing a license defense team is on your side.
At the Lento Law Firm, our Professional License Defense Team has the experience and qualifications necessary to help when your nursing license is on the line. For more information about how we can assist with your Louisiana DUI case, particularly in regard to handling the Board's investigation, call us at 888-535-3686 or contact us through our online form for a free consultation.
