Being convicted of driving under the influence (DUI) in Tennessee doesn't merely involve facing criminal penalties. For some types of professionals, like nurses, a DUI conviction can also jeopardize a professional license.
This may be a topic that's been on your mind if you're a Tennessee nurse who has recently been charged with or convicted of a DUI. The Tennessee Board of Nursing (TBN, or the Board) is authorized to take disciplinary action against a nurse convicted of a crime. Such disciplinary action could limit a nurse's right to practice in the state.
Being proactive is essential now. At the Lento Law Firm, our Professional License Defense Team specifically handles cases involving threats to licenses like yours. We can offer the defense services you need when a Board investigation jeopardizes your career. Get started today by contacting us through our online form or calling our offices at 888-535-3686.
DUI Laws and Criminal Penalties in Tennessee
Tennessee's DUI law prohibits operating or being in control of a car or other such motor vehicle while impaired by any of the following:
- Any intoxicant
- Cannabis
- A controlled substance
- A controlled substance analogue
- A drug
- A substance affecting the central nervous system
- Any combination of the above
Someone may be impaired if the above substances limit their ability to safely operate a motor vehicle by affecting their clarity of mind and ability to control a vehicle as they would if they were sober.
In addition, someone may face a DUI in Tennessee if testing reveals their blood alcohol content (BAC) to be 0.08% or more while operating a motor vehicle. If someone is operating a commercial motor vehicle, they may be arrested for a DUI if their BAC is 0.04% or more.
The criminal penalties someone may face for a Tennessee DUI can vary depending on such factors as whether this is their first offense, how high their BAC was, whether they caused any injuries, etc.
For example, potential penalties for a first DUI in Tennessee include:
- Jail time of 48 hours to 11 months, 29 days
- A minimum of seven consecutive days in jail for a BAC of over 0.20%
- One year of license revocation (although a restricted license is available)
- Mandatory participation in a drug and alcohol treatment program
- A requirement to pay restitution to anyone who suffered a physical injury or personal loss as a result of one's impaired driving
- A fine of $350 to $1,000
- A requirement to install an ignition interlock device
The criminal penalties of a DUI aren't the only potential consequences of such charges. A DUI can also significantly impact a nurse's career in Tennessee.
Nurses in Tennessee May Face Professional Consequences for DUIs
The Board has the authority to take disciplinary action against a nurse's license in various circumstances in Tennessee. One of those circumstances is when a nurse is guilty of a crime.
If a nurse has been convicted of a DUI in Tennessee, forms of disciplinary action the TBN may consider include:
- Letter of warning: This is an informal discipline option the Board considers in cases where formal discipline may not be warranted. A letter of warning indicates to a nurse that further violations may result in more significant penalties. However, a letter of warning is not public, differentiating it from most other forms of discipline the Board may opt for.
- Formal reprimand: A formal reprimand is similar to a warning. The key difference is that a formal reprimand is public. Because the TBN participates in the Nursys system, sharing information about its nurses with nurse licensing agencies in other states, even a formal reprimand could potentially affect a nurse's ability to easily get licensed outside of Tennessee.
- Probation: If the Board determines probation is necessary, it may place certain limitations on a nurse's license for a period of time. Complying with the terms and conditions of probation may be necessary for a nurse to regain their full license.
- Suspension: Similar to probation, suspension of a nurse's license is a temporary penalty. When a nurse's license is suspended, they generally can't practice nursing in Tennessee. A suspension may end after a specified period of time or after a nurse fulfills certain conditions.
- Revocation: Revocation of a nurse's license means the nurse essentially can no longer practice in Tennessee until they get re-licensed. In some cases, revocation is permanent.
- Denial: The Board can deny an applicant a nursing license if they have been convicted of a DUI. Although no one can say with certainty how the Board will handle these types of cases, the Board may be more likely to consider denying a license if an applicant attempted to conceal their DUI.
At the Lento Law Firm, we understand it can be quite distressing to worry about the penalties you might face for a DUI after you've already been convicted and sentenced in a criminal case. One of the best ways to address your concerns now is to enlist the help of professionals qualified to handle a case like yours. At the Lento Law Firm, our Professional License Defense Team is available to offer the representation you need when a DUI puts your Tennessee nursing license in jeopardy.
Do You Have to Self-Report a DUI to the Tennessee Board of Nursing?
You don't have to self-report a DUI arrest to the Board. You do have to report a conviction of any crime when applying for a license or renewing a nursing license in Tennessee.
Don't try to hide a conviction. If you don't report your DUI, the Board will likely eventually learn of it through other means. Someone else may file a complaint, or the Board might automatically receive information about your conviction from the court.
However, it's important to protect yourself when self-reporting a DUI. Review your case with our Professional License Defense Team at the Lento Law Firm. We can help you provide the Board with the information it needs while protecting your rights.
Understanding a Tennessee Board of Nursing DUI Investigation
Several events can trigger a Board investigation. Sometimes, a nurse won't know about the initial investigation until after the first phase, when a Board investigator has potentially spoken with witnesses and reviewed applicable records. The investigator will then provide the Board with a summary of their findings.
If the Board determines disciplinary action may be necessary, it will notify a nurse accordingly. This may be the first time a nurse learns of any potential for disciplinary action. However, this scenario is more common when another party files a complaint against a nurse.
A nurse may be aware of an investigation as soon as it begins if the nurse self-reported their DUI conviction. During an investigation, a Board representative can interview various parties who may have information about a nurse's ability to practice safely. They can also request and review records that may provide them with valuable insights.
A nurse might be eager to “cooperate” during all stages of an investigation. They might hope that doing so can positively influence the outcome of their case.
This is an understandable assumption. However, while this may not be a criminal case, it's best to treat it like one, not sharing information with investigators unless a nurse is confident that what they say won't be used against them later. Having proper representation throughout the investigation can help a nurse guard against errors that might ultimately harm their case.
Our Professional License Defense Team at the Lento Law Firm knows it's challenging to navigate an investigation when you've never been in this position before. You'll feel much more confident throughout the process if you have legal professionals on your side.
What You Need to Know About the Tennessee Professional Assistance Program
The Tennessee Professional Assistance Program (TNPAP) is a voluntary and confidential Peer Assistance Program available to healthcare workers (including nurses) in Tennessee. Its purpose is to ensure that such workers and professionals receive the support they need when struggling with substance abuse issues.
The conditions of participation in the program can vary on a case-by-case basis. What the program specifically consists of may depend on a nurse's needs. For example, for the duration of the program, a nurse may need to regularly attend 12-step meetings and refrain from drug and/or alcohol consumption.
Programs like TNPAP are often considered alternatives to disciplinary action. A nurse who enrolls in such a program after being convicted of a DUI may do so in part because it allows them to avoid public disciplinary action that could negatively affect their career.
TNPAP can serve as an alternative to discipline, but even when a nurse agrees to participate, in Tennessee, there isn't a guarantee that the Board won't take disciplinary action later. Additionally, a nurse might not meet the criteria for enrollment in the program.
We at the Lento Law Firm Professional License Defense Team can discuss this topic when representing you. We'll help you better understand the pros and cons so you can know whether enrolling in TNPAP is the ideal option in your circumstances.
You Can Contest the Tennessee Board of Nursing's Decision
Upon learning that the Board is considering disciplinary action, a nurse has the opportunity to contest the case. They can present their side of the story to demonstrate why disciplinary action isn't necessary. This typically involves a Board hearing.
It's very helpful to have licensed defense attorneys on your side during a hearing. Before the hearing, they can help you gather the evidence you need to put forth a strong argument. During the hearing, they can act as your representatives, ensuring the experience is less stressful than it might otherwise be. They can also point to flaws in the case against you to further demonstrate why any sort of disciplinary action might not be necessary.
Your lawyers could even potentially negotiate a deal with the Board. For example, you might agree to participate in TNPAP or a similar program in exchange for less severe penalties than you might otherwise face.
The main point to understand is that you have a right to defend yourself when facing disciplinary action against your license. Our Professional License Defense Team at the Lento Law Firm can help you do so effectively.
The Limitations of Criminal Defense
Hiring a criminal defense attorney after a DUI arrest is wise. However, it's a mistake to assume your criminal defense lawyer is also qualified to handle the professional license defense aspect of your case.
Reasons such an attorney may not be able to effectively defend your nursing license include:
- The process of a Board investigation isn't the same as a criminal investigation. A criminal defense lawyer may not be able to navigate the new terrain with confidence.
- The burden of proof in a criminal case is fairly high. A defense strategy that might help someone avoid a criminal conviction may not be sufficient to prevent disciplinary action by the Board.
- The Board may consider certain types of evidence to be more valuable than criminal investigators would, and vice versa. Not knowing what types of evidence are most significant can prevent a criminal lawyer from offering a strong defense.
At the Lento Law Firm, attorneys with our Professional License Defense Team are available to represent nurses throughout Tennessee. The following are just a few healthcare facilities and employers in Tennessee whose nurses we may represent:
- Vanderbilt University Medical Center - Nashville
- Baptist Memorial Hospital - Memphis
- Methodist Hospital of Memphis
- The University of Tennessee Medical Center - Knoxville
- CHI Memorial Hospital - Chattanooga
- Ascension Saint Thomas Hospital - Nashville
- Parkwest Medical Center - Knoxville
Those are merely examples. Don't worry if you don't spot your employer on that list or if you work far from a major city. No matter where you are in Tennessee, we're prepared to offer valuable assistance.
Get in Touch with the Lento Law Firm If a DUI Has Put Your Tennessee Nursing License at Risk
Becoming a nurse requires dedication and commitment. It's very concerning when all your hard work is put at risk because of a DUI conviction.
Luckily, you don't have to worry forever. At the Lento Law Firm, our Professional License Defense Team is prepared to review your case and offer the peace of mind that comes from knowing attorneys who specifically handle cases like yours are representing you. Find out more about what we can do by submitting your information through our online contact form or calling us at 888-535-3686 today.
