In Mississippi, driving under the influence of alcohol or any other substance that impairs your judgment can put your nursing career at risk. After spending so many years working hard to become and practice as a nurse, having that precious license threatened by a DUI charge can have adverse consequences.
Remember that for a nurse, a DUI case means you'll be fighting on two fronts. First is the courts where you'll need a criminal defense lawyer. The second is the Mississippi Board of Nursing's (MSBN) disciplinary proceedings. This is why you need the help of experienced nursing professional licensed defense attorneys.
The Professional License Defense Team at the Lento Law Firm can provide legal support, guidance, and defense during the disciplinary proceedings brought on by the DUI incident. Our team has significant experience with these types of cases and has successfully defended nurses in similar situations across the country.
Let us help you fight for your nursing license and avoid the possible career damage that a DUI charge can cause. Call 888-535-3686 or fill out this online case evaluation form to speak to one of our professional license defense lawyers today.
What are the Grounds for a DUI in Mississippi?
If a nurse exhibits one or more of the following after being pulled over by a law enforcement official, they may be charged with driving under the influence:
- Has a blood alcohol concentration of at least 0.08%
- Operating a vehicle while under the influence of a substance or illegal drug
- Operating a vehicle while in an intoxicated state
In Mississippi, the definition of intoxication is a state where the person operating the vehicle is impaired or lacks normal abilities to control themselves while driving. So, it is possible to be charged with something called per se DUI if you have a BAC of at least 0.08% but are driving normally and without any feelings of intoxication.
Due to Mississippi's implied consent law, police officers reserve the right to administer a chemical test if they suspect that you may be driving under the influence. Once a nurse is charged, they may have to face penalties.
Why Do DUI Charges Threaten Your License?
While your DUI charge or conviction may not be related to your job, you may find that it threatens your career and license. Why? All healthcare professionals, including nurses, are expected to adhere to one of the key responsibilities of their job — which is to do no harm.
The problem with a DUI charge or conviction is that it indirectly implies that you may be risking injury or harm to the public and patients. Therefore, this state of implied danger to yourself and others is a cause for concern, thus warranting a disciplinary hearing from the Mississippi State Board of Nursing.
Mainly, the hearing is meant to determine if you have a substance abuse or alcohol addiction problem or if the DUI is a one-off thing. Most importantly, it's meant to ascertain if you can still do your job without endangering other people.
The outcome of your disciplinary hearing will largely depend on how you're able to make your case. For this, you need an experienced Mississippi nursing license defense attorney to walk you through the ropes, prepare favorable statements or reports that you'll present to the board, and provide a satisfactory defense.
When it comes to DUI-related disciplinary hearings, what you say and how you say it before the board can play a significant role in your case's outcome. It can be the difference between a license revocation and a less harsh penalty like a fine or participation in a program.
Contact the Lento Law Firm's Professional License Defense Team at 888-535-3686 or fill out this contact form for a consultation.
Should I Report a DUI Charge to the MSBN?
While a reluctance to self-report a DUI is understandable, it's important to be proactive about it. This is because, whether you do it now or later, it'll still likely come up during the background check that accompanies your license renewal.
Getting in front of it means you're being proactive. That may count for something during the disciplinary hearing. Please note that self-reporting the DUI arrest or conviction may not necessarily affect the hearing's outcome. It's important to understand this so that you can adjust your expectations accordingly. Regardless, it's important to retain legal counsel that will provide the right guidance.
Mississippi State Board of Nursing Disciplinary Process for DUI Cases
The Mississippi Nursing Practice Act allows the Mississippi Board of Nursing to conduct disciplinary proceedings for nurses facing misconduct allegations. The process is as follows:
- The Board Hearing Panel receives reports of the violation or independently discovers it
- The Board Hearing Panel launches a formal investigation into the allegation
- The accused nurse receives notice of an investigation and may be asked to answer some questions by the investigative personnel during an interview.
- The nurse may also request information regarding the complaint, upon which the investigative staff may make one available to them provided that the complainant's information is anonymous if requested, and it would in no way jeopardize the case.
- After the investigation is completed, the Case Review Committee will decide if there's been a violation of the Nursing Practice Act.
- Where possible, the resolution may involve an informal settlement conference with the aim of reaching an agreed settlement proposal or order of dismissal. The informal conference often involves all relevant parties, including the nurse and/or the attorney.
- During the informal settlement conference, the nurse is expected to cooperate and answer all inquiries regarding the complaint.
- If the Board Hearing Panel is unsatisfied with the outcome of the informal conference, it will file a Formal Complaint – this initiates the official disciplinary hearing – followed by a Notice of Hearing which will be sent to the nurse.
- While there's no response requirement, the nursing respondent is allowed to send a written reply no later than (10) days before the commencement of the hearing.
- All hearings are conducted by a three-person panel from the Board, a Hearing Officer from the Attorney General's office who presides over the hearing, and an alternate board member.
- After listening to all parties and reviewing the facts of the case, the Board will decide and reach a resolution. This resolution can be announced at the hearing and/or a written copy sent to the nurse or respondent as the Final Order.
- The Final Order becomes permanent if there's no appeal within 30 days of the decision.
Nurses who are unsatisfied with the Board's decision can file an appeal with the Full Membership of the Board.
Nursing Career Implications for DUI Charges in Mississippi
The code of conduct guiding nurse's actions in Mississippi is laid out in the Nurse Practice Act. Under the MS Code § 73-15-29 Section 1(h), nurses with alcohol or substance dependency or those with DUI convictions or charges may face one or more of the following disciplinary actions:
- Fines
- Probation
- Formal reprimand
- Participation in a board-mandated alternative disciplinary program
- License suspension or withdrawal
- Restricted license
- Supervised practice
With some of these disciplinary options, you may be able to still practice and work whilst undergoing rehabilitative programs. Sure, you may have to be supervised, monitored, or undergo periodic evaluations which may be inconveniencing or even somewhat oppressive.
But, the most important thing is you'll still be working and drawing a paycheck. This can be a lifesaver if you're your family's breadwinner or the family depends on your income to stay afloat and meet its needs.
Are There Alternatives to Formal Hearings or Disciplinary Actions?
Yes, this is known as the Agreed Settlement Proposal (ASP). These proceedings serve to help the Board and the nurse or respondent reach an agreement. They are great if you're looking to avoid a formal public hearing. The respondent or nurse will typically request a settlement conference.
Once received, the Board will respond with a proposal containing the terms of the settlement. Upon receiving a response from the nurse, the Board will set a date for the conference. During the settlement conference, the nurse will admit to the misconduct and agree to the disciplinary actions that may follow.
Some common penalties include mandatory participation in specific educational programs, formal reprimands by the Board, and joining the Mississippi Nurse Voluntary Program (MNvP).
Factors That May Affect the Mississippi Board of Nursing's Disciplinary Actions
Although every nursing disciplinary proceeding in Mississippi is an objective event, some factors may influence the eventual outcome of the hearings. These include:
- The severity of the DUI incident: For example, the board will consider if there were serious injuries and/or fatalities recorded because of the DUI or not.
- First offense or repeat offender: First offenders, particularly if there were no casualties may only receive fines and mild penalties. Repeat offenders, on the other hand, demonstrate that the nurse may have other problems. These problems may cause them to endanger members of the public and hurt the patients that they ought to care for.
- Alcohol or substance use issues: Nurses who likely have serious alcohol addiction and substance abuse problems may be a danger to patients. Therefore, they may have the propensity to do some harm.
Ultimately, we know that life happens. Not all nurses who are cited or charged for DUI offenses have an alcohol or substance abuse problem. Sometimes, it's just the wrong place and the wrong time. For instance, you may have just had a couple of drinks one time or taken a prescribed medication that had adverse unintended effects on you and that caused the cops to arrest you on DUI charges.
Our Professional License Defense Team at the Lento Law Firm can help frame your defense as an innocent or one-time event that led to the arrest. We'll work with you and represent your interests before the board, and fight to help you keep your license.
Is Your DUI-Related Disciplinary Record Public in Mississippi?
The Mississippi Board of Nursing states that all disciplinary actions are subject to the Mississippi Public Information Act. This means that in most cases, particularly if it was a formal hearing, the disciplinary action will be in the public record, where anyone can find it.
Is there anything you can do to seal or expunge records of your disciplinary actions? The answer is you cannot seal or expunge records of your disciplinary action. While the state does allow for some criminal convictions to be sealed or expunged, disciplinary actions carried out by the Board of Nursing are not subject to those laws.
So, let's say you were criminally charged for the DUI, but it was a first offense and therefore, a misdemeanor. After your sentence has lapsed and you've paid all fines, served the time, or fulfilled the requirements of your conviction, you can petition the courts to have your case expunged — check the Office of the District Attorney's website to learn more.
This will allow you to remove your criminal history from public records or at the very least, block access to it. This way, if the Mississippi Nursing Board or any other organization does a background check, it will look like you have no past criminal record.
Hire a Nursing DUI License Defense Attorney in Mississippi
A DUI charge is serious. Apart from the criminal aspects, your license may be in jeopardy. And if it's suspended or revoked, you may not be able to provide for your family. No one should have to suffer financial devastation or ruin just because they drove a vehicle after taking a couple of drinks or prescribed medications. Yet this happens more frequently than you know.
We believe that you deserve another chance to make amends and right this wrong. Our Mississippi nursing license defense team at the Lento Law Firm is committed to fighting for your rights to continue working and keeping your practice license. Let's help you navigate the MSBN's disciplinary proceedings.
Call us at 888-535-3686 or fill out this contact form for a consultation.
