The Wyoming State Board of Nursing (referred to going forward as “the Board”) is the agency responsible for licensing nurses in the state. Under the Nurse Practice Act (NPA) of Wyoming, the Board also has the authority to discipline nurses for various reasons.
For example, perhaps a Wyoming nurse gets a DUI. This could indicate to the Board that said nurse struggles with substance abuse issues and may thus be unable to safely treat members of the public. The Board may place limitations on a nurse's license to ensure they don't endanger patients.
You may be well aware of this if you're a Wyoming nurse facing potential disciplinary action because of a DUI. At the Lento Law Firm, our Professional License Defense Team is available to defend your nursing license in these circumstances. We'll fight to protect your rights throughout a Board investigation. Learn more about what we can do for you by contacting us via our online form or by calling us at 888-535-3686.
Wyoming DUI Laws and Criminal Penalties
Wyoming law states that someone may be guilty of a DUI if they have physical control of a motor vehicle and any of the following apply:
- They have a blood alcohol concentration (BAC) of 0.08% or greater.
- They have a BAC of 0.08% or more within two hours of driving a vehicle or being in physical control of it.
- They are under the influence of alcohol, a controlled substance, or a combination of alcohol and controlled substances in a manner that renders them unable to drive safely.
The potential criminal penalties someone may face for a first DUI in Wyoming include a maximum of six months in jail, a maximum fine of $750, or both. A first conviction will also typically result in suspension of a driver's license for 90 days.
The consequences of a DUI may be even greater for a Wyoming nurse. Although prioritizing your criminal defense after a DUI arrest is important, it's also essential to defend your nursing license. Contact our Professional License Defense Team at the Lento Law Firm for more information on this topic.
The Professional Consequences a Nurse May Face for a DUI in Wyoming
The NPA empowers the Board to take disciplinary action against the licenses of nurses who are found guilty or enter guilty pleas (or similar pleas, like pleas of nolo contendere) for felonies and misdemeanors that relate adversely to the practice of nursing. Thus, the Board may discipline a nurse with a DUI because a DUI could be a sign of a substance abuse issue. Nurses with substance abuse problems may be unable to perform their duties without unreasonable risk to the public.
Common forms of disciplinary action the Board could take in these circumstances include:
- Denial of a nursing license: The Board can refuse to issue a license to a prospective nurse with a DUI. Or, the Board can refuse to renew the existing license of a current Wyoming nurse.
- Formal reprimand: Formal reprimand is essentially an official warning. This type of disciplinary action usually doesn't stop a nurse from practicing nursing in any capacity. However, information about formal reprimands may be available to the public and to a nurse's potential future employers as the Board publishes notices of disciplinary actions it has taken.
- Probation: The Board may permit a nurse with a DUI to continue practicing nursing. That said, the Board may impose limitations or requirements during a probationary period. For example, a nurse on probation for a DUI may have to submit to drug and alcohol testing, or they might have to work under the close supervision of other nurses.
- License suspension: Suspension of a nurse's license temporarily prevents them from continuing to practice nursing in the state. Usually, a full investigation is necessary before the Board will take any form of disciplinary action. However, if there is reason to believe a nurse poses an immediate risk to the public, the Board can summarily suspend a nurse's license so that they cannot practice nursing throughout the duration of a Board investigation.
- License revocation: This is an extreme form of disciplinary action in which the Board revokes a Wyoming nurse's license entirely.
The Board may account for mitigating factors when deciding what type of disciplinary action is necessary in a DUI case. For example, if this is the first time a nurse has gotten in trouble and there is no additional reason to believe they have a substance abuse issue, the Board may be relatively lenient with the disciplinary actions it takes.
At the Lento Law Firm, attorneys with our Professional License Defense Team understand the kinds of mitigating factors that could demonstrate to the Board why harsh disciplinary action may be unnecessary. Having an attorney on your side throughout an investigation can also help you guard against making the kinds of statements that might ultimately harm your case rather than help it.
Should You Report a DUI to the Wyoming State Board of Nursing?
In some states, a nurse only has to report a DUI to their state's equivalent of the Board if they're convicted. It's not necessary to report a mere arrest that hasn't yet resulted in a conviction.
That's not the case in Wyoming. Per the Board, a nurse must self-report any “impending criminal charge.” Such phrasing indicates Wyoming nurses should proactively self-report DUI arrests.
The law also requires other nurses, similar medical professionals, and license holders to report their concerns when they suspect a nurse has violated the NPA. If you don't self-report your DUI arrest to the Board, someone else may contact the Board first. The Board could interpret this as non-compliance on your part.
Contacting our Professional License Defense Team at the Lento Law Firm early is also an important step to take. The sooner you contact us, the sooner we can begin working on your case.
What Does a Wyoming State Board of Nursing DUI Investigation Consist Of?
Per the NPA, the Board may launch an investigation when it receives information providing good reason to suspect a violation of the NPA has occurred. The Board may launch an investigation after a nurse self-reports a DUI or after someone else files a complaint against them.
The NPA's section on the disciplinary and investigative processes doesn't thoroughly explain the various stages an investigation may involve. Every case is different, and the ways in which investigators gather information can differ accordingly. Information-gathering tactics when a nurse has been arrested for or convicted of a DUI may range from reviewing the police report or court documents to interviewing parties (such as coworkers and employers) who may have information regarding a nurse's substance abuse issues.
Board investigators may contact a nurse directly during an investigation. It's important not to ignore the Board if you receive such requests. However, participating in meetings, interviews, or hearings without legal counsel could be dangerous.
That's another reason to hire our Professional License Defense Team at the Lento Law Firm. We'll handle all correspondence with the Board and its investigators throughout the disciplinary process. Allowing us to handle these elements of your case ensures compliance with Board procedures while minimizing your chances of accidentally making harmful statements.
The Wyoming Professional Assistance Program: A Potential Alternative to Disciplinary Action
The Wyoming Professional Assistance Program (WPAP) offers assistance to nurses and similar professionals struggling with substance abuse issues. Sometimes, the Board allows a nurse struggling with such issues to participate in WPAP as an alternative to disciplinary action.
The specific details of the program can vary depending on the individual needs of a participant. The program will involve some form of substance abuse evaluation. Upon being evaluated, an individual will be provided with a recommended treatment plan. Regular monitoring is often necessary to ensure a participant continues with their treatment.
Participating in WPAP as a means of avoiding disciplinary action may seem appealing for obvious reasons. That said, it's important to understand that enrolling in WPAP isn't the ideal option for everyone.
For example, the fact that you have a DUI doesn't necessarily mean you actually struggle with addiction or a substance abuse disorder. If you enroll in WPAP, you'll have to commit to a long-term treatment program that you might not need. Unfortunately, you'll also have to pay for many aspects of your treatment personally. Failure to abide by the terms of the treatment plan or overall WPAP program could result in the Board rescinding its offer and proceeding with disciplinary action.
Determining whether you should participate in WPAP requires weighing the pros and cons of this option carefully. Attorneys with our Professional Development Team at the Lento Law Firm can discuss this topic with you in more detail, helping you understand whether WPAP is or isn't the right option for someone in your position. We can also help you present a case to the Board explaining why WPAP should be an option for you if you decide you wish to try the program and the Board needs convincing that it's a viable alternative.
Why Criminal Defense Isn't Enough in a Wyoming Nurse DUI License Defense Case
Hiring a criminal defense lawyer after being arrested for a DUI in Wyoming is the right decision. Anything you say to the police can be used against you. A criminal defense attorney will speak on your behalf, protecting your rights throughout a criminal investigation.
However, it's vital to understand that the criminal investigation process can differ substantially from that of a Board investigation. The following are key reasons why a criminal defense lawyer isn't qualified to handle the professional license defense side of your case:
- Because a criminal lawyer may be unfamiliar with the particulars of the Board investigation and disciplinary processes, they may not be able to assist a client in navigating these processes with confidence.
- The Board has a different set of priorities from those of prosecutors and law enforcement in Wyoming DUI cases. The district attorney's job is to show that a DUI occurred and that a motorist should be penalized accordingly. The Board's goal is to determine whether a DUI indicates a nurse struggles with substance issues in a capacity that prevents them from fulfilling their duties safely. Because the Board has different goals, it may prioritize different forms of evidence.
Protecting your nursing license involves enlisting the help of those who specifically handle cases like yours. That's exactly what you'll find at the Lento Law Firm's Professional License Defense Team. We're prepared to defend nurses who work at such major Wyoming medical facilities as:
- Aspen Mountain Medical Center - Rock Springs
- Campbell County Health - Gillette
- Cheyenne Regional Medical Center - Cheyenne
- Cody Regional Health Medical Center - Cody
- Community Hospital - Torrington
- Evanston Regional Hospital - Evanston
- Hot Springs County Memorial Hospital - Thermopolis
- Ivinson Memorial Hospital - Laramie
- Johnson County Healthcare Center - Buffalo
That's not an exhaustive list. It doesn't matter who your specific employer is—if you're a Wyoming nurse whose professional license is on the line because of a DUI, we at the Lento Law Firm Professional License Defense Team are available to offer the unique defense services you need right now.
Contact the Lento Law Firm if a DUI Jeopardizes Your Nursing License in Wyoming
We at the Lento Law Firm thoroughly understand and appreciate the important role that nurses play in all our lives in Wyoming. We also understand that it can be very stressful to worry about what might happen to the nursing license you've worked so hard for if you have a DUI.
Now is not the time to let worry consume you. Now is the time to be proactive by enlisting the help of legal professionals with the experience necessary to handle a case like yours. Our Lento Law Firm Professional License Defense Team is prepared to review your case and offer an aggressive defense if you choose to work with us. Find out more about how we can defend your nursing license by calling our offices today at 888-535-3686 or by submitting your information through our online contact form.
