Being arrested for (or convicted of) driving under the influence of an intoxicant (DUII) in Oregon can leave someone facing everything from fines to potential jail time. The consequences resulting from a DUII might also limit someone's ability to do their job or pursue their intended career.
Maybe you're a nurse. The Oregon State Board of Nursing (referred to after this as the Board) has legal authority to take disciplinary action against your nursing license if you commit a violation of the Board's rules.
The Board may be particularly likely to take such action if there's reason to believe a nurse can't do their job without potentially putting members of the public at risk. If you have a DUII, the Board may worry that a substance abuse issue limits your ability to practice effectively and properly.
Don't let this experience threaten your career. At the Lento Law Firm, our Professional License Defense Team has experience helping nurses in Oregon defend their licenses during Board investigations. Learn more about what we can do for you by submitting your information through our online contact form or calling us at 888-535-3686 today.
DUII Laws in Oregon
Oregon law states someone commits a DUII if they operate a motor vehicle (which can include attempting to operate one) in any of the following circumstances:
- They have a blood alcohol content (BAC) of at least 0.08.
- They are otherwise under the influence of a single intoxicant or a combination of intoxicants.
- Chemical testing indicates they have a BAC of 0.08 within two hours of driving if they haven't consumed any alcohol in the period between when they stopped driving and when the testing was performed.
Criminal penalties for a DUII in Oregon can vary depending on several factors. They include:
- Whether this was someone's first DUII
- How high a driver's BAC was
- Whether a driver caused an accident resulting in injury or property damage
- Whether there were children in the vehicle and/or the driver was operating the vehicle in a school zone
That's not an exhaustive list. Penalties someone could face just for the first DUII offense in Oregon include:
- Fines totaling up to $6,250
- Up to 364 days in county jail
- A minimum of 48 hours in jail or 80 hours of community service
- License suspension of at least one year
Those are just criminal penalties. They don't necessarily account for the way an Oregon DUII can affect your career, particularly if you're a licensed professional like a nurse.
How a DUII Can Affect an Oregon Nurse's Career
The Board may consider various forms of disciplinary action if it determines a nurse's DUII represents a violation of its rules and regulations. The most common forms of disciplinary action the Board may take are:
- Reprimand: A reprimand is a formal warning from the Board indicating a nurse has violated one of its rules. A reprimand doesn't limit a nurse's ability to practice nursing in Oregon. However, the Board does periodically publish a record of disciplinary actions it has taken against nurses. That means while a reprimand is technically a minor form of disciplinary action when compared to many others, it can nevertheless result in difficulties for a nurse. For example, if potential employers learn about past disciplinary action, they might be less inclined to hire a candidate.
- Probation: A nurse usually keeps the right to practice in Oregon if the Board opts for probation. That said, during a probationary period, the Board can place various restrictions and limitations on a nurse's license. Probation may also require a nurse to submit to requirements to avoid more significant penalties. For instance, a nurse with a DUII may have to agree to undergo drug or alcohol testing during probation to keep their nursing license.
- Suspension: It's sometimes necessary to prohibit a nurse from practicing nursing temporarily. The Board may suspend a nurse's license in these circumstances.
- Revocation: The Board can revoke a nurse's license in extreme cases when doing so may be necessary to ensure the safety of the public. Revocation prevents a nurse from practicing in Oregon for a minimum of three years. Sometimes, perhaps to avoid having a revocation on their record, a nurse can agree to voluntarily surrender their license for three years or more.
- Civil penalties: The Board has the authority to impose fines of up to $5,000.
- Denial: A DUII or similar issue could give the Board a reason to deny a nurse a license.
Mitigating factors could play a significant role in the types of disciplinary action the Board leans toward during your case. For example, the Board may be more likely to be lenient if this is your first violation and all other evidence indicates you're a responsible professional.
Presenting such mitigating factors to the Board is just one way our Professional License Defense Team at the Lento Law Firm can help when you face disciplinary action because of a DUII. Our goal is to ensure the disciplinary action the Board takes (if any) is appropriate and doesn't unreasonably limit your ability to do your job.
Do You Have to Report a DUII Arrest to the Oregon State Board of Nursing?
The Nurse Practice Act (NPA) in Oregon states that nurses have a duty to report their concerns when they believe a nurse or other professional has engaged in a violation of the NPA's rules or any other relevant laws. The law applies to a nurse's own practice, meaning a nurse should self-report when they believe they've committed a violation.
Be aware that, due to reporting requirements, even if you don't self-report your DUII arrest, someone else (like a patient or coworker) could file a complaint anyway. Or, the Board may learn about an eventual conviction if the court alerts them. Regardless, you'll have to self-report a conviction when applying for a license renewal.
The main point to understand is that there's a good chance the Board will discover your DUII eventually. Getting ahead of the case could give you more power to influence its outcome.
That's not to say you should be too cooperative when dealing with the Board. As with a criminal case, anything you say could be used against you later.
You need to fulfill legal reporting requirements. It's also important to comply with reasonable requests the Board makes during an investigation. However, you don't need to cooperate to such a degree that you give the Board ammunition to use against you.
Walking this fine line doesn't have to be as challenging as you might assume. With representation from our Professional License Defense Team at the Lento Law Firm, you'll have someone by your side to help you make the right moves throughout every stage of the process. We'll handle virtually all correspondence with the Board on your behalf, significantly easing your burdens at this time.
What an Oregon State Board of Nursing DUII Investigation Consists Of
How a Board DUII investigation in Oregon begins depends on how the Board learns of a nurse's potential substance abuse issue. The Board may receive a complaint from a third party, or a nurse may self-report their DUII arrest, charge, or conviction to the Board.
The law states anyone in Oregon can usually file a complaint against a nurse anonymously. The Board may not provide a nurse with the identity of the party who filed a complaint against them when notifying a nurse of an investigation.
The investigation process usually involves the following steps:
- Gathering documentation: The investigator assigned to a case will typically begin by gathering relevant documentation. This may include police reports, court records, personnel records, and any other documentation that can provide insights into a nurse's competence.
- Interview: An investigator will also speak with a nurse under investigation over the phone or during an in-person meeting. This “interview” is confidential, so only the nurse and members of the investigative team may be present. However, a nurse can have a lawyer present. Doing so is wise. While the purpose of this informal fact-finding interview includes giving a nurse the opportunity to defend themselves and present their side of the story, if a nurse lacks proper representation, they run the risk of making statements that could actually negatively impact their case's outcome.
- Compiling a report: The investigative team's job isn't to make a decision regarding whether disciplinary action is warranted. Once they complete their investigation, they will submit a result with their findings to the Board.
- Decision: The Board meets 12 times a year in most cases. During one of its meetings, the Board will review the information provided by the investigative team. The Board can then choose to dismiss the complaint if it determines no significant violation of the NPA or other Board rules has occurred. If the Board does determine a violation has occurred, it can proceed with disciplinary action accordingly.
This process isn't one you have to navigate alone. Nor should you. With help from our Professional License Defense Team at the Lento Law Firm, a Board investigation can be a much less overwhelming experience than it might otherwise be.
The Oregon Health Professionals' Services Program: A Potential Alternative to Disciplinary Action After a DUII
Enrolling in the Health Professionals' Service Program (HPSP) in Oregon is an alternative to discipline the Board might consider or offer to a nurse if a DUII indicates they have a substance abuse issue.
The specifics of the program can vary depending on the individual needs of a participant. Its main function is to help medical professionals in Oregon receive the treatment they need for substance abuse issues without being subject to public disciplinary action.
While any alternative to disciplinary action may seem attractive, it's important to understand that participating in the program can cost a lot of time and money. It's not the right choice for everyone. At the Lento Law Firm, our Professional License Defense Team can help you better understand whether this is a viable option in your case.
A Criminal Defense Attorney Lacks the Experience to Defend Your Nursing License in Oregon
Don't let the above heading mislead you. It is absolutely a good idea to contact a criminal defense lawyer if you've been arrested for or charged with a DUII (or any other significant crime) in Oregon. An attorney's understanding of the criminal justice system can dramatically influence your case's outcome.
However, the criminal justice system doesn't mirror the Board. The way in which the Board investigates these cases and disciplines nurses accordingly can vary substantially from the way law enforcement and district attorneys handle criminal cases. In addition, details like how much certain types of evidence are or aren't prioritized can be quite different in a criminal case when compared to a Board investigation.
When your nursing license is on the line in Oregon, you also need the services of attorneys who specifically handle cases like yours. That's exactly what our Professional License Defense Team at the Lento Law Firm offers. We're prepared to defend the licenses of nurses throughout Oregon, including those whose employers are such major Oregon healthcare facilities as:
- OHSU Hospital - Portland
- Providence St. Vincent Medical Center - Portland
- PeaceHeart Sacred Health Medical Center at RiverBend - Springfield
- Kaiser Permanente Sunnyside Medical Center - Clackamas
- Salem Hospital - Salem
- St. Charles Medical Center - Bend
- Asante Rogue Regional Medical Center - Medford
Those are the only examples. If yours isn't one of the above employers, that doesn't mean we can't take your case. To the contrary, our team is available to defend the license of a nurse practicing anywhere in Oregon.
Get Help with Your Case from the Lento Law Firm if a DUII Jeopardizes Your Oregon Nursing License
Serving as a nurse in Oregon gives you the opportunity to help people in our state recover from illness and injury. It's an admirable and rewarding profession. A DUII shouldn't deprive you of the ability to continue practicing as a nurse and making a difference in the lives of patients.
Nor does it have to. If you're facing disciplinary action against your license because of a DUII in Oregon, we at the Lento Law Firm's Professional License Defense Team are available to offer qualified representation. Get started today by calling us at 888-535-3686 or contacting us through our online form.
