The North Dakota Board of Nursing (referred to going forward as “the Board”) has the authority to take disciplinary action against the licenses of nurses in the state in various circumstances. For example, the Board may consider taking action against your license if you've been arrested or convicted of driving under the influence (DUI).
A criminal defense lawyer can help with the criminal side of your case after a DUI arrest in North Dakota. However, to protect your career, it's smart to hire an attorney who handles license defense cases.
Our Professional License Defense Team at the Lento Law Firm is prepared to offer dedicated representation when a DUI has put your North Dakota nursing license at risk. Find out what we can do for you by calling us at 888-535-3686 or submitting your information via our online contact form today.
North Dakota DUI Laws and Criminal Penalties
North Dakota law prohibits operating or being in control of a motor vehicle when any of the following are true:
- You have a blood alcohol concentration (BAC) of at least 0.08.
- Regardless of BAC, you are otherwise under the influence of alcohol.
- You are under the influence of a drug, substance, or combination of drugs and substances that render you unable to drive safely.
- You are under the influence of alcohol and a drug or combination of drugs that prevents you from being able to safely operate a motor vehicle.
Be aware that the police may automatically arrest drivers in North Dakota if they refuse to submit to a breathalyzer test or similar chemical test. Penalties for a first DUI in North Dakota may include:
- $500 fine if a motorist's BAC was below 0.16
- If a motorist's BAC was 0.16 or greater, a fine of $750 and two days imprisonment
- 91-day suspension of a motorist's license if their BAC was below 0.18
- 180-day suspension of a motorist's license if their BAC was 0.18 or higher
- A requirement to undergo an addiction evaluation
Remember, the criminal penalties you may face after being convicted of a DUI in North Dakota don't necessarily represent all the potential consequences of your DUI. The Board may also consider taking action against your nursing license if a DUI suggests you're unable to perform your duties safely or properly.
When your nursing license is at risk, you deserve assistance from legal professionals who have unique experience handling cases like yours. That's exactly what we at the Lento Law Firm's Professional License Defense Team offer.
A North Dakota Nurse with a DUI May Face Professional Penalties
The North Dakota Nurse Practices Act (NPA) authorizes the Board to take disciplinary action when a nurse is arrested for or convicted of any crime “that relates adversely to the practice of nursing.” The Board could argue a DUI qualifies as such a crime, as it may be indicative of a substance abuse issue that could interfere with a nurse's ability to practice nursing without endangering the public.
The Board may account for various factors when determining whether to take disciplinary action against a nurse with a DUI (and what type of disciplinary action to proceed with). Such factors could include:
- Whether the nurse has engaged in any previous violations of the NPA
- Whether the nurse tried to fraudulently conceal a DUI
- A nurse's overall performance record
A Board investigation isn't a criminal case. However, for simplicity's sake, it may help to think of it in those terms. In a criminal case, a lawyer may present mitigating factors to the judge or district attorney to argue for a plea deal. This would allow a defendant to plead guilty, often to a lesser charge, in exchange for more lenient sentencing than they would otherwise face.
In a Board investigation, our attorneys can also argue for such a deal. That said, if it may be possible to avoid disciplinary action altogether, this is an outcome we will fight for.
Forms of disciplinary action the NPA authorizes the Board to take include:
- Refusing to issue a nursing license to an applicant
- Refusing to renew a nursing license
- Sending a nurse a non-disciplinary warning letter
- Formally reprimanding a nurse
- Requiring a nurse to show evidence of substance abuse disorder evaluation and treatment
- Placing a nurse on probation, during which time their nursing privileges may be limited
- Temporarily suspending a nurse's license
- Revoking a nurse's license
It's understandable if the above list worries you. Depending on the form of disciplinary action the Board takes, a Board DUI investigation can have significant implications for your career.
Don't let fear paralyze you now! By enlisting the help of the Lento Law Firm's Professional License Defense Team, you'll experience the peace of mind that comes from knowing lawyers with experience representing clients like you are handling your case.
Should You Self-Report a DUI to the North Dakota Board of Nursing?
The North Dakota NPA states that a nurse must self-report to the Board any violation for which the NPA authorizes the Board to take disciplinary action. Because the wording of the law clearly states the Board can take disciplinary action for an arrest, and not just a conviction, it's best to err on the side of caution and self-report a DUI arrest.
Keep in mind that a colleague, patient, or other such party may file a complaint with the Board if they're aware you were arrested for a DUI or if they otherwise believe you may struggle with a substance issue. It's often better to get ahead of the matter and report an arrest yourself instead of waiting for someone else to contact the Board.
That said, when self-reporting a DUI arrest or conviction, you need to be careful. It's important not to conceal any information that you're required to provide. On the other hand, providing too much information could backfire on you during a subsequent Board investigation.
We at the Lento Law Firm's Professional License Defense Team understand this process can be very confusing and intimidating. Hire us, and you'll have assistance from attorneys and team members who will handle various steps in the process on your behalf.
What Does a North Dakota Board of Nursing DUI Investigation Consist Of?
The exact way the Board investigates a nurse with a DUI will depend in part on whether a nurse self-reported the matter or whether the Board received a complaint from another party. Generally, though, the Board investigation process involves these steps:
- Initial review: Before proceeding with an investigation, the Board will review a complaint to determine if it has jurisdiction and if the nature of the alleged violation justifies disciplinary action.
- Investigation: If the Board launches an investigation, its investigators may gather evidence by interviewing parties with relevant insights, reviewing police reports, reviewing personnel records, and more. Although it's important to comply with investigators' requests during this process, it's also important to have proper representation throughout an investigation.
- Potential settlement: The Board will dismiss a complaint if investigators fail to uncover sufficient evidence indicating disciplinary action is necessary. If investigators do uncover evidence suggesting disciplinary action may be justified, and the nurse being investigated doesn't dispute the matter, they may present the nurse with a settlement offer. As mentioned earlier, this is similar to a plea deal in a criminal case.
- Hearing: The Board will schedule a formal administrative hearing before an administrative law judge if a nurse contests the charges against them and refuses to accept a settlement offer. The hearing allows both the state and a nurse to introduce evidence, call witnesses, and generally present their side of the story.
- Review: Upon hearing both sides, the judge will review the facts of the case and issue their findings accordingly. When doing so, they may recommend that the Board take a particular form of disciplinary action. During the next regularly scheduled Board meeting, Board members will review the findings and guidance of the judge and determine whether to proceed with the judge's suggestions. A nurse has the right to file an appeal if they still disagree with the outcome.
Navigating this process alone is often stressful—and unnecessary. At the Lento Law Firm, our Professional License Defense Team is available to guide you through every step. While we handle your license defense case, you can focus on other priorities.
A Potential Alternative to Discipline When a North Dakota Nurse Has a DUI
Disciplinary action isn't necessarily the only option the Board will consider, even in circumstances when evidence indicates a nurse has a substance abuse issue. For example, the Board may present a nurse with the option of enrolling in an alternative discipline program.
The Board specifically offers some nurses the option of enrolling in the Nurse Assistance Program (NAP). One of its purposes is to ensure that nurses and other medical receive the support they need when struggling with substance abuse problems. However, they can also involve burdensome requirements.
This highlights another way in which our Professional License Defense Team at the Lento Law Firm can help. We will never make a decision on your behalf, but we can help you better understand the pros and cons of an alternative to a discipline program if the option of enrolling in one is on the table.
Why a Criminal Defense Attorney Can't Defend Your Nursing License
It's true that hiring a criminal defense attorney is one of the most important steps you can take shortly after being arrested for a DUI (or any other crime) in North Dakota. A criminal defense lawyer can defend your rights and protect you from making harmful statements to law enforcement or other such parties.
That said, a criminal defense attorney isn't qualified to handle the license defense aspect of your case. The following are key reasons why:
- The Board investigation process differs in various ways from the criminal process. A criminal defense lawyer will struggle to help you navigate a process they're unfamiliar with.
- The Board doesn't have the same goals as the district attorney or judge. The Board's goal is to ensure a nurse with a potential substance abuse issue doesn't put the public at risk. Thus, the Board may value certain types of evidence that might be considered less valuable or even irrelevant in a criminal case, such as statements from a nurse's coworkers.
- At the Lento Law Firm, our Professional License Defense Team can help ease your concerns during a Board investigation by referencing past cases like yours in which we secured ideal outcomes for our clients. A criminal defense attorney is unlikely to have much experience handling cases like yours in the past. As such, they can't offer this kind of assurance.
Our team is prepared to represent nurses throughout North Dakota. The following are just a few examples of major hospitals and nurse employers in the state whose nurses we can help when they face disciplinary action:
- Sanford Medical Center Fargo
- Sanford Medical Center Bismarck
- Altru Health System - Grand Forks
- Ashley Medical Center
- CHI Lisbon Health
- CHI Mercy Health - Valley City
- CHI Oakes Hospital
- CHI St. Alexius Health - Bismarck
That's not a complete list. No matter who your employer is, we're ready to help if you're facing a Board investigation because of a DUI.
Contact the Lento Law Firm if a DUI Has Put Your North Dakota Nursing License at Risk
A DUI can potentially limit your privilege to practice as a nurse in North Dakota. That's not to say it has to.
If the Board is currently investigating you for a DUI, or you have reason to believe they will be soon, we at the Lento Law Firm's Professional License Defense Team are on hand to offer a reliable defense tailored to the specific needs of someone in your circumstances. Learn more about how we can help by submitting your information through our online contact form today or by calling us at 888-535-3686.
