Driving while impaired (DWI) arrest in Minnesota can lead to more than just criminal charges. Depending on your occupation, it can also have significant implications for your career.
Maybe you're a nurse. If so, be aware the Minnesota Board of Nursing (MBN, or the Board) has the authority to take disciplinary action against you if there's reason to believe you're not qualified to safely perform your duties. The Board may discipline a nurse for a DWI as a means of discouraging future violations and protecting the public. Sometimes, the form of disciplinary action the Board takes could jeopardize a nurse's ability to continue practicing in Minnesota.
At the Lento Law Firm, our Professional License Defense Team understands it can be extremely stressful to worry about how a DWI may affect your Minnesota nursing license. We're prepared to offer the defense you need right now. Learn more about how we can help by submitting your information through our online contact form or calling us today at 888-535-3686 for your free consultation.
DWI Laws and Potential Criminal Penalties in Minnesota
Minnesota law states it's illegal to operate or be in control of any motor vehicle when you:
- Are under the influence of alcohol
- Are under the influence of a controlled substance
- Are under the influence of an intoxicating substance and know or have good reason to believe the substance will cause impairment
- Are under the influence of a combination of two or more of the types of substances listed here
- Have a blood alcohol content (BAC) of 0.08 or more (or 0.04 or more when operating a commercial motor vehicle)
- Have any amount of a Schedule I or II controlled substance or its metabolite in your system, aside from cannabis and hemp substances
- Are under the influence of cannabis or hemp products
Penalties for a DWI in Minnesota can vary depending on such factors as whether this is a first offense, how high a motorist's BAC was, and more. Potential consequences of a DWI in Minnesota can be significant, and may include forfeiture of one's vehicle and revocation of one's license.
The criminal penalties you might face after being arrested for a DWI in Minnesota don't represent all the ways you may face consequences. If you're a nurse, a DWI could put your professional license on the line.
That's not meant to scare you. It's meant to encourage you to be proactive and enlist the help of attorneys qualified to defend you and your career now. That's exactly what you'll find at the Lento Law Firm Professional License Defense Team.
Nurses with DWIs in Minnesota May Face Professional Consequences
The MBN can take various forms of disciplinary action when there's reason to suspect a nurse is a danger to the public. The law specifically authorizes the Board to take action when a nurse may be a danger to the public due to a substance abuse issue. If you're arrested for or convicted of a DWI in Minnesota, the Board may consider this sufficient reason to pursue disciplinary action.
Forms of disciplinary action the Board may consider include:
- Refusing to issue a license to a prospective nurse applying for a new license
- Refusing to renew a nursing license
- Suspending a license temporarily
- Revoking a nursing license
- Imposing limitations on how a nurse may use their license
- Requiring a nurse to comply with various relevant conditions to keep their license
- Imposing a civil penalty of up to $10,000
- Requiring a nurse to perform services without remuneration
- Publicly censuring or reprimanding a nurse
The law states the Board can also take any other form of disciplinary action it deems appropriate based on the facts of the case. The above may not represent all the ways the Board can discipline a nurse for a DWI.
Is a Nurse Required to Report a DWI to the Minnesota Board of Nursing?
You technically don't have to report a DWI arrest to the Board. However, the law requires courts and licensed professionals to report their concerns to the Board when they believe a nurse may have engaged in conduct requiring disciplinary action. In addition, you will need to report this matter when renewing your license.
The main point to understand is that the Board will eventually learn of your DWI. Trying to conceal it will only have a negative influence on your case's ultimate outcome.
Our team can help you self-report a DWI correctly. Or, if you're under investigation because you've already self-reported or someone else has reported you, we can take over your case and offer an effective defense. No matter what stage you're at in the process, our Professional License Defense Team at the Lento Law Firm is here to help.
What to Expect During a Minnesota Board of Nursing DWI Investigation
The process can vary somewhat from one case to another when the Board investigates a nurse for a DWI in Minnesota. Generally, though, an MBN DWI investigation usually involves:
- Gathering evidence: The Board may conduct an initial investigation to gather evidence regarding whether a nurse's conduct represents a violation of the Minnesota Nurse Practice Act. This could involve speaking with witnesses and subpoenaing records.
- Meeting: This step is typically only necessary when another party has submitted a complaint to the Board. After reviewing investigation materials, the Board may contact a nurse to set up a meeting during which the nurse can respond to the complaint. During a meeting with the Review Panel, a nurse will be informed of their rights to due process and their right to hire a lawyer. However, it's possible to skip this step when a nurse self-reports.
- Potential early resolution: Sometimes, the Review Panel will decide there isn't sufficient evidence that a nurse has violated the Nurse Practice Act. Or, the Review Panel may find that a nurse has taken sufficient steps to address a violation. The Board may dismiss the case if at least two Board members agree doing so is warranted. This will result in no additional action against a nurse's license.
- Potential agreement for corrective action: In some cases, the Board may enter into an agreement with a nurse in lieu of disciplinary action. The nurse agrees to participate in some form of education program, and the Board agrees not to discipline them.
- Contested case hearing: The Board may schedule a contested case hearing with an administrative law judge if a nurse and the Board can't negotiate an agreement. During a contested case hearing, the administrative law judge hears evidence from both sides and determines whether a violation of the Nurse Practice Act has occurred. The Board still has the authority to decide what form of disciplinary action to take if the judge rules a violation has occurred.
- Resolution: It's possible a nurse's case will be resolved without the need for disciplinary action. If the Board determines disciplinary action is warranted, it will issue a public discipline order and send a nurse a letter informing them of the case's outcome.
Disciplinary actions the Board has taken are matters of public record. Any employer (or virtually any other party) could theoretically find out about disciplinary action the Board has taken against you.
Minnesota also participates in the Nursys system. As part of this network, MBN shares information about its nurses with nurse licensing agencies in other Nursys states. That means past disciplinary actions could limit your ability to practice nursing outside of Minnesota as well.
The process of a Board investigation can be quite intimidating for a nurse. If you don't have proper representation, you might worry that you'll make some sort of error at some point in the process that could end up negatively influencing how your case is resolved.
We won't let that happen. Our Professional License Defense Team at the Lento Law Firm will handle all aspects of your case. You'll enjoy much greater peace of mind when you know that qualified attorneys are representing you while the Board considers disciplinary action. We can also protect your rights if it ever appears a due process violation is occurring.
The Health Professionals Service Program in Minnesota: A Potential Alternative to Disciplinary Action
One alternative to disciplinary action you and the Board may consider when working on an agreement is the Health Professionals Service Program (HPSP). Nurses struggling with substance abuse issues and other illnesses that could affect their ability to safely care for the public may enroll in this program to receive treatment and other forms of necessary support.
Because a nurse who participates in HPSP isn't subject to disciplinary action, there is no public record of the matter. Participation in HPSP is entirely confidential for nurses. In addition, a nurse will be able to keep their license and continue practicing nursing when they enroll in HPSP.
That's not to say signing an agreement and enrolling in the program is always the best option for a nurse after a DWI. For example, a nurse might agree to participate in the program rashly, only focusing on the fact that it offers a seemingly “easy” way to avoid discipline. However, if they don't have a legitimate substance abuse issue, they might now be stuck in a program they're required to complete.
That's just one potential downside to be aware of. On top of that, not all nurses qualify for the program. Even those who do may need to provide the Board with evidence that they meet eligibility criteria.
Our attorneys at the Lento Law Firm Professional License Defense Team can help you better understand the pros and cons of this option. Although we'll never make these types of decisions for you, we will ensure you're making them from an informed perspective.
A Criminal Defense Lawyer Can't Help With Your Minnesota License Defense Case
After being charged with a DWI, you may assume the criminal lawyer you hire is also qualified to assist with any professional license issues that arise as a result of your arrest. This isn't necessarily the case.
The following are key reasons a criminal defense attorney isn't prepared to defend you during a Board investigation:
- The entire process of an MBN investigation can differ from that of a criminal case at every step. A lawyer who primarily represents clients in criminal cases might not know how to navigate a process with which they're unfamiliar.
- The burden of proof in a Board investigation isn't the same as in a criminal trial. In addition, the types of evidence that the Board may consider relevant might not be relevant in a criminal case, and vice versa.
- A criminal defense lawyer with minimal experience handling professional license defense cases might not know what types of factors would be most persuasive when negotiating a deal with the Board.
Protect your future by hiring attorneys who specifically work with clients like yourself. At the Lento Law Firm, our Professional License Defense Team represents nurses from such major Minnesota healthcare facilities as:
- Mayo Clinic - Rochester
- Allina Health Abbott Northwestern Hospital - Minneapolis
- CentraCare - Saint Cloud
- Allina Health Mercy Hospital - Coon Rapids
- Allina Health United Hospital - Saint Paul
- Mayo Clinic Health System - Mankato
- Park Nicollet Methodist Hospital - Saint Louis Park
- Allina Health Buffalo Hospital - Buffalo
That's not a complete list by any means. If you're a nurse, if you practice in Minnesota, and if you're facing license issues because of a DWI, the Professional License Defense Team at the Lento Law Firm is ready to help.
Contact the Lento Law Firm if a DWI Has Put Your Nursing License at Risk in Minnesota
Nursing is an honorable profession. You shouldn't have to worry about losing the ability to care for the public after working so hard to reach this stage in your career.
Luckily, there are various ways to mitigate the impacts of a Board investigation when you're a nurse with a DWI in Minnesota. Our Professional License Defense Team at the Lento Law Firm is thoroughly familiar with the tactics and strategies that may yield ideal results in a case like yours. We'll fight for your career. Get started today by calling our offices at 888-535-3686 or submitting our online form for a free consultation.
