Driving while intoxicated (DWI) in Missouri is a potentially serious offense that could result in a range of criminal penalties. For some Missourians, the consequences of a DWI don't end with the criminal penalties a court sentences them to. For certain types of licensed professionals, like nurses, a DWI could put their licenses (and, thus, their careers) in jeopardy.
Are you a nurse with a DWI arrest or conviction in Missouri? The Missouri State Board of Nursing (MSBN, or the Board) is authorized to take disciplinary action if a DWI gives the Board reason to fear you won't be able to safely care for patients.
Protect yourself in these circumstances by hiring lawyers with the specific qualifications you need when facing disciplinary action from a nurse licensing agency. At the Lento Law Firm, our Professional License Defense Team is on hand to help you ensure you can still practice nursing in Missouri. Get started today by submitting your information through our online form or calling our offices at 888-535-3686.
DWI Laws and Criminal Penalties in Missouri
DWI and DUI laws in most states specify that someone must exhibit certain specific signs of intoxication to be arrested for or charged with a DWI or similar violation. Missouri's law is much vaguer than most. Per the statute, someone is guilty of DWI in Missouri if “he or she operates a vehicle while in an intoxicated condition.”
Such phrasing makes it relatively easy for someone to be arrested and convicted of a DWI. In other states, it's often necessary to show that a driver was intoxicated by citing objective evidence, such as a high blood alcohol content (BAC). This isn't the case in Missouri.
A first DWI in Missouri usually qualifies as a Class B misdemeanor. However, it may qualify as a Class A misdemeanor if someone under the age of 17 was in the vehicle at the time of the offense.
Potential penalties for a Class B misdemeanor in Missouri include up to six months in jail and a fine of up to $1,000. In addition, a first DWI may result in a 90-day license suspension. Penalties increase based on factors like whether this isn't someone's first offense and whether their BAC was over 0.15.
On top of that, if you're a nurse, you may face professional consequences for a DWI. Protect your career in these circumstances by enlisting the help of our Professional License Defense Team at the Lento Law Firm.
The Professional Consequences a Missouri Nurse May Face for a DWI
Missouri law permits the MSBN to take disciplinary action when a nurse has been convicted of an offense reasonably related to their duties or qualifications. A DWI may qualify as such an offense, as it could indicate a nurse has a substance abuse issue that prevents them from safely doing their job. In addition, the law states the Board may take disciplinary action when a nurse has shown a habit of being intoxicated or relying on alcohol or drugs.
It's worth noting that a DWI conviction isn't the only outcome of a case that could prompt disciplinary action by the Board. The Board may also take disciplinary action if a nurse enters a plea of guilty or nolo contendere.
Forms of disciplinary action the Board may consider include:
- Censure: This is the equivalent of a warning. While it's a relatively mild form of discipline compared to others here, it's still a public reprimand, meaning a record of it will be available via a nurse's file with the MSBN.
- Probation: If the Board determines probation is necessary, it will place certain limitations and conditions on a nurse's license. The nature of these limitations and conditions can vary depending on the specifics of the situation and what the Board deems appropriate. Per the law, a nurse must comply with all terms and conditions of their probation to continue practicing nursing in Missouri. A probationary period can last as long as five years.
- Suspension: Suspension of a nurse's license prevents them from practicing nursing entirely in Missouri for a designated period. The maximum length of a nursing license suspension in Missouri is three years.
- Revocation: Revocation is the harshest form of discipline the Board may consider. A nurse who has their license revoked will not be able to practice in Missouri, nor will they be able to reapply for a license until at least one year after the date their license was originally revoked. The Board's discretion is the determining factor in whether a nurse who has had their license revoked can successfully apply for (and receive) a new license.
Be aware that the MSBN also participates in the Nursys system. Technically, this system allows nursing boards across the country to easily collect and share relevant data about their nurses and workforces. However, it also involves nursing boards sharing information regarding disciplinary actions they have taken. This means if the Board takes any disciplinary action against your license, it could theoretically affect your ability to practice nursing or easily get licensed in other states.
No matter what type of disciplinary action the Board takes, it has the potential to significantly impact your career. Protect yourself now by getting in touch with our Professional License Defense Team at the Lento Law Firm to ensure you have representation.
Do You Need to Report a DWI to the Missouri State Board of Nursing?
There is currently no requirement that a nurse self-report a DWI arrest to the Board if it hasn't resulted in a conviction or similar outcome yet. However, nurses do need to report DWIs and similar convictions when applying for licenses and renewing their licenses.
Keep in mind that courts sometimes automatically alert state licensing agencies when professionals are convicted of crimes that may suggest they aren't qualified to do their jobs. Nurse licensing boards may also monitor court records for any indications of unreported criminal activity among nurses.
The Board may discover your DWI before you self-report it during the license renewal process. You might thus benefit from getting ahead of the issue by reporting the DWI conviction yourself before the Board learns of it through a third party.
One thing is certain: the Board will discover your DWI eventually. Reach out to our Professional License Defense Team at the Lento Law Firm to learn about self-reporting a DWI properly.
What a Missouri State Board of Nursing DWI Investigation Involves
The specifics of the investigation process when a nurse has a DWI in Missouri can depend on details like whether the nurse self-reported or whether the Board learned about the DWI through other means, such as someone else filing a complaint.
Generally, during an investigation, Board representatives may review pertinent records and interview witnesses to learn more about whether a nurse is fit to practice. They will then present their findings to the Board, which may offer the nurse a settlement.
A settlement is similar to a plea deal in a criminal case. It may require a nurse to admit to certain violations in exchange for disciplinary action the Board deems appropriate and necessary. Potentially, agreeing to a settlement could help a nurse avoid more significant disciplinary action.
There's no requirement that a nurse accept a settlement if they disagree with the Board's findings. The Board may also file a contested case against a nurse, or a nurse could refuse to agree to the settlement, which may result in a hearing. A nurse has the right to retain counsel throughout all steps of the process.
Evaluating the Board's settlement offers and presenting a strong case during a hearing may be intimidating to a nurse with no experience handling Board disciplinary actions. Thankfully, you don't need to address these matters on your own. Our Professional License Defense Team at the Lento Law Firm is on hand to help you better understand when a settlement offer is appropriate.
Potential Alternatives to Disciplinary Action for Missouri Nurses with Substance Abuse Issues
Missouri offers two intervention programs to nurses struggling with substance abuse issues. One such program may be available to a nurse if they:
- Refer themselves to the program
- Test positive in a drug or alcohol screening before or after starting their employment somewhere
- Plead guilty or are found guilty for a felony or misdemeanor drug offense
- Plead guilty or are found guilty to at least three felonies or misdemeanors which may have been the result of substance issues
This program is available to both licensed nurses and applicants. Another program is available to licensed nurses who admit to having substance abuse issues.
It is up to the Board to decide whether a nurse qualifies for participation in either of these programs. If a nurse does participate in either program, they will have to abide by certain requirements for the length of the program, such as submitting to random drug and alcohol testing.
These programs don't just provide some nurses with the support they may genuinely need. In some cases, the Board may also consider them as alternatives to disciplinary action.
That's not to say participation in these programs is ideal for every nurse. For example, perhaps you don't have a genuine substance abuse issue, but you self-refer to the program because you want to avoid discipline. If you're accepted, you'll now have to comply with all terms of the program for at least a year (depending on which program you choose), or else you may face harsher consequences. There's also no guarantee the Board will permit you to enroll in one of these programs as an alternative to disciplinary action.
This highlights another benefit of enlisting the help of attorneys with experience when a DWI results in potential actions against your nursing license. At the Lento Law Firm, our Professional License Defense Team can explain these options to you in greater detail, helping you better understand whether they're ideal for your case.
Criminal Defense Isn't Enough When Your Missouri Nursing License is on the Line
You're smart to get in touch with a criminal defense attorney after being arrested for a DWI in Missouri. Hiring a lawyer to represent you could help you guard against making the types of statements to police that could harm your case. A qualified criminal defense attorney can also potentially help you guard against major legal consequences of a DWI.
However, the criminal consequences of a DWI are not the same as the professional consequences you may face if the Board takes disciplinary action. On top of that, the Board's process for investigating a DWI can differ significantly from the process a criminal defense attorney is most acquainted with.
When your license to practice nursing in Missouri is on the line, you need a defense from qualified lawyers who have specific experience handling cases like yours. At the Lento Law Firm, our Professional License Defense Team represents nurses from such major Missouri healthcare facilities and employers as:
- Barnes-Jewish Hospital - Saint Louis
- Mercy Hospital St. Louis
- Missouri Baptist Medical Center - Saint Louis
- Mercy Hospital Springfield
- St. Luke's Hospital - Chesterfield
- St. Luke's Hospital of Kansas City
- Boone Hospital Center - Columbia
- St. Luke's East Hospital - Lee's Summit
That isn't an exhaustive list by any means. If you're a nurse practicing in Missouri, and you're facing potential disciplinary action after a DWI conviction or guilty plea, we're available to offer effective representation.
Contact the Lento Law Firm When a DWI Jeopardizes Your Missouri Nursing License
Countless hours of study. Preparing for exams. Completing every step in the often laborious licensing and certification processes.
Plenty of work has gone into earning your nursing license in Missouri. Don't let a DWI put all that in jeopardy.
None of the information here was meant to paralyze you with fear! On the contrary, it's meant to help you understand how being proactive can allow you to avoid the type of disciplinary action that may otherwise place unreasonable restrictions on your ability to practice nursing in Missouri.
Right now, it's simply critical that you have representation from legal professionals who understand how Board investigations play out. At the Lento Law Firm, our Professional License Defense Team is ready to help you protect your career and future. Find out more about what we can do for you by submitting your information through our online form or calling us at 888-535-3686 today.
