Operating while impaired (OWI) is a serious offense in Indiana. Someone arrested for an OWI may face jail time, loss of driving privileges, and more.
The potential consequences of an OWI in Indiana may be even greater for a nurse. Because nurses are trusted with the health and safety of the public, the law authorizes the Indiana State Board of Nursing (ISBN, or the Board) to discipline nurses when they engage in acts, behaviors, or violations indicating they might put the public at risk.
The Board may take disciplinary action if an OWI suggests a nurse isn't fit to practice. Some forms of disciplinary action the Board may consider can substantially limit a nurse's ability to practice in Indiana.
Have you recently been arrested for (or convicted of) an OWI? Are you worried about how this will affect your nursing license? If so, one of the best ways to ease your worries now is to coordinate with legal professionals who have experience handling cases like yours.
That's precisely what you'll find at the Lento Law Firm Professional License Defense Team. We specifically work with professionals whose licenses are on the line, ensuring we provide a unique service that a criminal defense lawyer can't necessarily offer. Learn more about how we can help you defend your nursing license in Indiana by calling our offices at 888-535-3686 or submitting your information through our online form.
OWI Laws and Criminal Penalties in Indiana
Per Indiana law, someone may be guilty of OWI if they operate a vehicle in any of the following circumstances:
- They have an alcohol concentration of at least 0.08
- They have a Schedule I or II controlled substance (as listed in the relevant Indiana law) or its metabolite in their system
The penalties someone may face after an OWI in Indiana can depend on various factors. For example, if someone's alcohol concentration is 0.15 or higher when operating a vehicle, they may be guilty of a Class A misdemeanor. This means the penalties they face may be more significant than they'd be if their alcohol concentration had been lower.
Generally, though, criminal penalties for a first offense OWI in Indiana may include:
- A jail sentence of up to one year
- A fine of up to $5000
- License suspension of up to two years or a combination of license suspension and probation
- A requirement to attend a victim impact panel
- A requirement to submit to urine testing
- Additional probation terms as the court sees fit
- A requirement to pay court costs and fees, which could exceed $300
The criminal penalties of an OWI don't represent all the ways a conviction can affect your life. If you're a nurse, being convicted of an OWI could also result in disciplinary action.
How an Indiana OWI Can Impact a Nurse's Career
TheISBN is authorized to investigate and take disciplinary action when evidence indicates a nurse might not be able to do their job properly. In regard to a criminal conviction, technically, the law states the Board may take disciplinary action when a nurse has been convicted of at least a Class B misdemeanor.
A first OWI conviction could be a mere Class C misdemeanor. Thus, someone might assume the Board can't take action because their conviction doesn't meet the legal criteria.
That's not necessarily the case. The law also states the Board can take disciplinary action against a nurse if it appears the nurse struggles with a drug, alcohol, or substance problem that impairs their ability to safely practice nursing.
One form of disciplinary action the Board may consider is probation. According to the statute, requirements of probation may include a requirement to:
- Regularly report to the Board to address the matter that resulted in probation
- Limit one's practice based on limitations decided on by the Board
- Participate in and complete relevant professional education programs
- Perform certain acts the ISBN deems appropriate, like community restitution
- Refrain from acts the Board deems inappropriate
- Complete a peer review
Probation is just one form of disciplinary action that may be on the table after a nurse is convicted of an OWI. Other options include:
- License suspension
- License revocation
- Public letter of reprimand
- Censure
- A requirement to pay a fine of up to $1,000
- A requirement to pay restitution to anyone who was harmed as a result of the matter that caused the need for disciplinary action in the first place
It's important to remember that these are not criminal proceedings. Thus, the type of assistance that might be valuable in a criminal case may be less helpful in these circumstances.
Regardless, professional defense attorneys may play roles similar to those criminal defense lawyers play when representing clients in court. For example, your lawyers could cite mitigating factors to demonstrate to the Board why lenient disciplinary action is appropriate now. Such mitigating factors could include:
- No previous history of disciplinary issues
- A proactive willingness to address a substance abuse problem
- Previous strong job performance
- A willingness to comply with the terms of probation
Negotiating a deal with the Board is a strategy that might be effective in your case. At the Lento Law Firm, our Professional License Defense Team will review the details of your situation and implement a strategy tailored to your needs.
Do You Need to Report an OWI to the Indiana State Board of Nursing?
Reporting an OWI to the ISBN isn't necessary if you've only been arrested. However, if you've been convicted of an OWI, the law requires you to report the conviction to the Board. You must do so in writing and no more than 90 days after the conviction. You must also notify the Board in the case of a guilty plea, a plea of nolo contendere, etc.
Attempting to hide the conviction is unwise. The Board may be more likely to consider harsh disciplinary action if it learns you initially tried to prevent the Board from being aware of your case's outcome.
Don't miss the deadline for contacting the Board about your conviction, plea, or judgment. However, because you have 90 days to report the matter in writing, consider doing so with the help of professionals who understand what you should and shouldn't include in a report.
At the Lento Law Firm, our Professional License Defense Team is available to help with a range of tasks your case may involve. Drafting the initial letter to the Board is just one way we can assist you.
What Does an Indiana State Board of Nursing OWI Investigation Consist Of?
The specifics of an investigation can vary on a case-by-case basis when an Indiana nurse is convicted of an OWI. In these circumstances, an investigation may be triggered when a nurse contacts the Board to let them know of a conviction. Or, the Board may decide to look into the matter if a nurse reveals they have a conviction when applying for a license or attempting to renew their license.
The Board may consider summary suspension of a nurse's license upon learning of an OWI. Summary suspension is an option the Board considers when it appears taking immediate action to limit a nurse's ability to practice is necessary to ensure the public's safety. The ISBN may contact a nurse and notify them of a summary suspension hearing before moving forward with this option.
In cases not involving summary suspension, the Board may contact a nurse to let them know an investigation is pending. The ISBN might also ask a nurse to provide their own response to the complaint.
A nurse's response sometimes has a positive influence on the Board's position. In some cases, the Board, satisfied with the answer it receives from a nurse, determines no further action is necessary.
Don't attempt to read the minds of Board members. If you're submitting an answer to a complaint, do so with the help of professionals who can ensure your response is thorough, accurate, and appropriate.
The Board can continue an investigation if a nurse's answer to a complaint is unsatisfactory. This may involve reviewing records, interviewing witnesses, and calling a nurse to participate in meetings or hearings. You have a right to representation at all stages of the process.
Be sure to exercise that right. At the Lento Law Firm, our Professional License Defense Team has experience defending nurses like you when the ISBN considers disciplinary action. Our understanding of the way the Board handles such cases can provide you with a significant advantage as an investigation plays out.
The Indiana Professionals Recovery Program: A Potential Alternative to Disciplinary Action
Disciplinary action is by no means the only potential outcome when the Board investigates a nurse with an OWI in Indiana. Again, in some cases, the Board may determine that no disciplinary action is warranted.
In others, the ISBN may allow nurses to consider alternatives to disciplinary action. For example, the Indiana Professionals Recovery Program (IPRP) is a comprehensive program for nurses struggling with substance abuse issues. It can include regular check-ins, monitored work environments, group meetings, and more.
The purpose of IPRP is to ensure that a nurse with a substance abuse issue receives the support they need. Sometimes, the Board will require a nurse to enroll in the program or face disciplinary action. Or, a nurse can choose to self-refer to the program. The Board may consider not taking disciplinary action against a nurse who voluntarily participates in the program, but that doesn't mean it's guaranteed the ISBN won't take such actions.
It's also not guaranteed that a nurse will meet the criteria for participation in the program. Nurses must also consider how the program's requirements can interfere with their ability to practice nursing until they complete the program. A nurse who doesn't actually have a substance abuse issue might not benefit from the program simply because it's a potential alternative to disciplinary action.
It can be difficult to know whether options like the IPRP are right for you. This is another reason to enlist the help of qualified licensed defense attorneys. Our Professional License Defense Team at the Lento Law Firm will gladly answer your questions about this topic. If the IPRP is an option you wish to pursue, we can help you present your case to the Board, showing why this is a superior alternative to disciplinary action in your particular case.
Criminal Defense Can't Help You Right Now: Professional License Defense Can
It's certainly a good idea to hire a lawyer after being arrested for an OWI in Indiana. You need to always keep in mind that anything you say could be used against you.
However, you must also keep in mind that an eventual conviction could have significant implications for your professional license. Be aware that Board investigations differ from criminal cases in many ways. Consider the following:
- Evidence the Board considers relevant may not be the same evidence prosecutors and juries prioritize in criminal cases.
- When the Board decides whether to pursue disciplinary action, no jury is involved.
- The individual steps of a Board investigation are not the same as the steps in a criminal investigation.
Don't risk your future by hiring a lawyer who doesn't have experience handling these types of cases. At the Lento Law Firm, our Professional License Defense Team offers the specialized service you need when facing threats to your nursing license. We represent nurses from facilities across Indiana, including:
- Indiana University Health Medical Center - Indianapolis
- Deaconess Hospital - Evansville
- Franciscan Health Indianapolis
- Community Hospital - Munster
- Parkview Regional Medical Center - Fort Wayne
- Adams Memorial Hospital - Decatur
That's not a complete list by any means. If you're a nurse working anywhere in Indiana, and an OWI has resulted in potential Board action, we can fight for your rights.
Contact the Lento Law Firm if an Indiana OWI is Jeopardizing Your Professional License
Always remember that the Board's goal is to make the appropriate decision for the safety of the public. The ISBN isn't trying to take valuable nurses out of the workforce without reason.
If the ISBN is investigating you due to an OWI, or if you're preparing to notify the Board of an OWI, a proper defense can play a significant role in your case's outcome. Stop worrying about your future and start taking steps to protect yourself (and your career) by contacting our Professional License Defense Team at the Lento Law Firm. Get started today by submitting your information through our online form or by calling us at 888-535-3686.
