The Vermont Office of Professional Regulation (or simply “the Office”) is responsible for overseeing all licensed professionals and professions in the state. Through the Office, the Vermont Board of Nursing (or simply “the Board”) has the authority to take disciplinary action against the licenses of nurses who engage in forms of misconduct that could indicate they're unable to safely treat the public.
For example, the Board may take disciplinary action against a Vermont nurse with a DUI. If a DUI is a sign of a substance abuse issue, the Board might determine it's necessary to protect the public by limiting a nurse's ability to practice in Vermont.
If you're a Vermont nurse with a DUI, having the right defense team on your side can make a significant difference in the outcome of your case when the Board launches an investigation. Learn more about how our Professional License Defense Team at the Lento Law Firm can help you now by submitting your information via our online contact form or by calling our offices at 888-535-3686.
Vermont DUI Laws and Criminal Penalties
Per Vermont's impaired driving laws, it's illegal to operate or be in “actual physical control” of a motor vehicle in the state when any of the following are true:
- You have a blood alcohol concentration (BAC) of 0.08% or more.
- You are otherwise under the influence of alcohol.
- You are under the influence of a drug or any combination of alcohol and drugs.
- You're operating a school bus and have a BAC of at least 0.02%.
- You're operating a commercial motor vehicle and have a BAC of at least 0.04%.
Many factors contribute to the penalties someone may face for a first DUI in Vermont. Depending on the circumstances, they may temporarily lose their driving privileges. If a driver with a DUI caused an accident resulting in harm or death to others, they could also face significant jail time. They may also be required to pay a fine, install an ignition interlock device in their vehicle, and more.
The criminal penalties of a Vermont DUI don't represent all the ways a DUI could affect your life. If you're a nurse with a DUI in Vermont, the Board could also take action against your nursing license.
Don't let worry and fear paralyze you now! Be proactive and contact our Professional License Defense Team at the Lento Law Firm to defend your career.
The Professional Consequences a Vermont Nurse May Face for a DUI
Vermont law empowers the Board to take disciplinary action against a nurse's license when they engage in certain forms of potential misconduct. The law specifically says the Board can take disciplinary action when a nurse has been convicted of a crime related to the practice of their profession or when a nurse practices nursing while being medically or psychologically unable to do so safely.
The Board could argue that a DUI relates to the practice of nursing because a DUI could be a sign of an underlying substance abuse issue. The Board could also argue that a nurse with substance abuse problems may be medically or psychologically unfit for their duties. In any case, under Vermont law, the Board has the authority to launch an investigation into a nurse if they have a DUI.
The following are common forms of disciplinary action the Board may consider in these circumstances:
- Denial: The Board can refuse to issue a new license to a nurse applying for a nursing license for the first time in Vermont. Or, the Board can refuse to renew the license of a current Vermont nurse.
- Formal reprimand: A formal reprimand is similar to a warning. Unlike other forms of disciplinary action the Board may consider, a formal reprimand typically doesn't have much of an impact (if any) on a nurse's ability to practice nursing. However, the Board does publish monthly reports covering the disciplinary actions it has taken against nurses. A potential employer could learn of a formal reprimand through such a report. Knowing a nurse has previously been disciplined might give a potential employer reason to reconsider hiring them.
- Probation: The Board may determine whether a nurse can continue practicing nursing after completing its investigation and reviewing the information investigators compile. However, the Board may also decide that a nurse must abide by certain conditions to keep their license during a probationary period. The specific conditions the Board chooses to impose will depend on the reasons for those conditions. For example, if the Board suspects a nurse with a DUI has a substance abuse issue, they may require said nurse to submit to regular alcohol and drug testing. A positive test could result in further disciplinary action.
- Administrative penalties: An administrative penalty is essentially a fine a nurse may have to pay for engaging in misconduct. As of this writing, the maximum administrative penalty is $5,000.
- Suspension: The Board may temporarily suspend the license of a nurse with a DUI or substance abuse problem. Doing so prohibits a nurse from practicing nursing in the state during the suspension period.
- Revocation: In cases involving significant and/or repeated misconduct, the Board can revoke a nurse's license entirely.
Factors such as a nurse's performance and whether they've been in trouble in the past can all influence the Board's decision when it considers potential forms of disciplinary action to take. At the Lento Law Firm, attorneys with our Professional License Defense Team can present the Board with mitigating factors indicating why harsh punishment may be unnecessary in your case.
A Note on Vermont and the Nursys System
Vermont is one of several states participating in the Nursys system. This information-sharing network allows the nursing boards of participating states to easily share nurse licensing information with each other.
When a nurse moves to another state or wishes to practice nursing in multiple states while traveling throughout the country, the Nursys system allows them to do so without having to go through the full licensing process in every state they wish to work in.
However, the Nursys system also provides nursing boards with an easy means of sharing information about disciplinary action. That means disciplinary action taken against a nurse's license in Vermont after a DUI could impact their ability to secure employment or get licensed elsewhere.
None of this is meant to frighten you. Instead, it's meant to emphasize the importance of having a proper legal defense now. Protect your future by getting in touch with our Professional License Defense Team at the Lento Law Firm.
Should a Nurse Report a DUI to the Vermont Board of Nursing?
The law states that Vermont nurses must self-report misdemeanor and felony convictions to the Office within 30 days of said convictions. Failure to do so constitutes a form of misconduct for which the Board may consider disciplinary action.
The law doesn't require a nurse to self-report a mere DUI arrest that hasn't resulted in a conviction. However, other parties can file complaints with the Office if they suspect a nurse has engaged in any form of misconduct. Practicing nursing while struggling with a substance abuse issue may qualify as a form of misconduct for which a coworker, patient, or other such party might file a complaint. The Office and Board could thus learn of a Vermont nurse's DUI arrest before they're convicted.
Obeying the law and reporting a DUI conviction in a timely manner is essential. Just remember that it helps to have professional legal assistance every step of the way. By coordinating with our Professional License Defense Team at the Lento Law Firm from the start, you'll enjoy the peace of mind that comes from knowing an experienced legal team is handling your case.
What Does a Vermont Board of Nursing DUI Investigation Consist Of?
The specific details of an investigation can vary depending on a range of factors. For example, how a Board investigation commences may depend on whether a nurse has self-reported a DUI conviction or whether someone else has filed a complaint against a nurse.
Vermont law states that the burden of proof is on the State to show, through a “preponderance of evidence,” that a nurse has engaged in unprofessional conduct. Board investigators may gather evidence by reviewing police reports, reviewing personnel and employment documents, and interviewing those who may have information about the case. This could include a nurse's coworkers and employer.
A nurse under investigation by the Board for a DUI has the opportunity to present their case at a hearing. During the hearing, the State will also present evidence. Having legal representation is very important during this stage.
In general, it's crucial to remember that you don't have to face a Board investigation alone. We at the Lento Law Firm Professional License Defense Team are available to assist you throughout every stage of the process.
Vermont's Alternative Program for Nurses May Help a Nurse with a DUI Avoid Disciplinary Action
Nurses have stressful jobs. It's actually not uncommon for nurses and other medical professionals to develop substance abuse habits or chemical dependence as a way of coping with the stress their jobs may cause.
Help is available for such nurses in the form of Vermont's Alternative Program. As the name implies, this program is an alternative to disciplinary action that the Board may consider when a nurse with a DUI struggles with a substance abuse issue.
Members of our Professional License Defense Team at the Lento Law Firm can discuss this topic with you in greater detail. While any alternative to disciplinary action may seem like an opportunity worth pursuing, committing to the Alternative Program requires committing to all the requirements and costs the program involves. It's not the ideal option for all nurses facing disciplinary action. Our team will help you more thoroughly understand the pros and cons of this alternative.
Why Criminal Defense Isn't the Same as License Defense When a Vermont Nurse Has a DUI
One of the first steps to take after being arrested for or charged with a DUI in Vermont is contacting a lawyer. Hiring a criminal defense attorney ensures you have someone defending your rights throughout a criminal investigation and potential trial. It also minimizes the odds that you'll accidentally make harmful statements to police or prosecutors that could end up damaging your case.
However, while it's advisable to hire a criminal defense lawyer when you've been charged with a crime, it's also important to understand that a criminal defense attorney may not be qualified to handle the professional license defense aspect of your case.
Quite simply, the Board investigation process differs from the criminal investigation and trial process every step of the way. One reason to hire a lawyer is to have a professional on your side to guide you through an unfamiliar process. A criminal defense attorney who doesn't have experience handling cases like yours won't be able to offer this critical advantage.
Similarly, they may not understand the perspective and position of the Board. They're accustomed to handling cases in which the goal of the prosecution is to penalize someone for breaking the law. The Board's goal is to prevent a nurse with a substance abuse issue from endangering the public. As such, the Board may consider certain forms of evidence (like statements from coworkers) to be highly valuable, while a district attorney might consider those forms of evidence to be irrelevant. Not properly understanding the goals of the Board can limit your attorney's ability to provide an effective defense.
That's not something you need to worry about when you hire our Professional License Defense Team at the Lento Law Firm. We specifically work with clients like you, representing nurses working at such major Vermont hospitals and health clinics as:
- University of Vermont Medical Center - Burlington
- Brattleboro Memorial Hospital - Brattleboro
- Copley Hospital - Morrisville
- Gifford Medical Center - Randolph
- Grace Cottage Hospital - Townshend
- Mt. Ascutney Hospital and Health Center - Windsor
- North Country Hospital and Health Center - Newport
- Northeastern Vermont Regional Hospital - Saint Johnsbury
- Northwestern Medical Center - St. Albans
- Rutland Regional Medical Center - Rutland
Those are just examples. Even if you don't see your employer on the above list, if you're a Vermont nurse facing potential disciplinary action against your license because of a DUI, we're prepared to offer vital assistance during this stressful time.
Contact the Lento Law Firm if a DUI Jeopardizes Your Nursing License in Vermont
You've worked hard to become a nurse. If you're worried that a DUI is going to threaten the career you've worked so hard for, you can ease your concerns now by getting in touch with professionals who specifically represent clients like you. Learn more by getting in touch online or calling us at 888-535-3686 today.
