In Iowa, the crime of operating a motor vehicle while under the influence of drugs or alcohol is known as operating while intoxicated (OWI). An OWI arrest and conviction in Iowa can have a tremendous impact on all areas of a person's life, from their finances to their personal and professional relationships.
Someone's occupation can also determine how an OWI in Iowa affects them. For example, the Iowa Board of Nursing (referred to as the Board from this point on) has the authority to take disciplinary action against nurses who appear unable to safely work with the public. The Board may take such action against a nurse with an OWI to prevent a nurse with substance abuse issues from putting patients or others at risk.
You've worked very hard to earn your Iowa nursing license. Don't allow an OWI to jeopardize your career now.
Protect yourself with assistance from a legal team that works specifically with clients whose professional licenses are in jeopardy. At the Lento Law Firm, our Professional License Defense Team is on hand to help you guard against the potential professional consequences of an OWI. To learn more about how we can help, call us today at 888-535-3686 or submit your information through our online form.
Iowa OWI Laws and Potential Criminal Penalties
Per Iowa law, someone commits an OWI when operating a motor vehicle in any of the following conditions:
- While under the influence of alcohol
- While under the influence of a drug
- While under the influence of a combination of substances
- With a blood alcohol concentration (BAC) of 0.08 or more
- When a urine test indicates the presence of any amount of a controlled substance
A first OWI in Iowa is considered a serious misdemeanor. Potential criminal penalties someone might face for this type of violation in Iowa include:
- A minimum county jail sentence of 48 hours, with the possibility of up to one year in jail
- Probation
- License suspension
- Fines
The legal consequences of an OWI aren't the only consequences someone with an OWI in Iowa may face. A nurse may also have to consider how an OWI will impact their professional license.
Contacting a criminal defense attorney shortly after your arrest is smart. However, don't assume a criminal lawyer is qualified to defend your professional license if the Board launches an investigation. At the Lento Law Firm, our Professional License Defense Team has the experience necessary to handle this aspect of your case.
An Iowa Nurse with an OWI May Face Professional Consequences
The Board has the authority to consider various forms of discipline when it concludes taking such disciplinary action is necessary. In Iowa, the Board may take disciplinary action against a nurse with an OWI if there's reason to believe the nurse's ability to safely fulfill their duties is in question.
Types of disciplinary action a nurse with an OWI may face include:
- Continuing education requirement: In some instances, the Board determines that the best way to address an issue affecting a nurse's ability to properly do their job is to require the nurse to participate in a relevant continuing education program.
- Citation/warning: A formal citation or warning from the Board doesn't necessarily restrict or limit a nurse's license. However, the fact that a nurse received a citation or official warning will be public information. Thus, even a seemingly minor form of disciplinary action could negatively affect a nurse's career.
- Probation: During a temporary probationary period, the Board may require a nurse to abide by certain terms it deems appropriate. For example, if there's reason to suspect a nurse has a substance abuse issue, part of the terms of their probation may be a requirement to undergo drug testing.
- Suspension: A nurse temporarily loses the right to practice nursing in Iowa if the Board suspends their license. When a nurse gets their license back, it may come with certain terms and conditions.
- Revocation: This is typically the most severe form of disciplinary action the Board may take. Revoking a nurse's license will require them to undergo the entire licensing process again if they wish to practice nursing in Iowa.
The above examples should send a clear message: The Board has the power to discipline nurses in ways that can have profound implications for their future careers. If the Board is considering taking action against you for an OWI or similar issue, protect yourself with help from our Professional License Defense Team at the Lento Law Firm.
Potential Mitigating Factors in an Iowa Board of Nursing OWI Investigation
It can't be stated enough: A Board investigation and a criminal case are two very different things. As such, it's critical to have representation from legal professionals who understand the differences between how these two types of cases play out.
That said, there can be some parallels between license investigations and criminal cases. For example, the Board may consider various mitigating factors the same way a district attorney or judge would when considering sentencing options. Examples of mitigating factors that might influence the Board's decision in your case include:
- Positive overall job performance
- An indication that you've proactively addressed a substance abuse problem or similar issue yourself
- Lack of previous disciplinary issues
Those are just examples. At the Lento Law Firm, our Professional License Defense Team will account for the various mitigating factors specific to your case when representing you during hearings and other stages of the process. By presenting such factors to the Board, we could show why disciplinary action should be lenient.
Should You Report an OWI to the Iowa Board of Nursing?
When applying for licenses or renewing their licenses, nurses in Iowa must report any of the following:
- Convictions (particularly OWI convictions)
- Deferred judgments
- Expunged convictions
- Sealed records
- Other agreed dispositions
There is no requirement to report an arrest prior to a conviction. That said, it's important to consider that the Board may learn of an arrest anyway.
For example, someone else might file a complaint related to your arrest, a perceived substance abuse issue, or both. A nurse can also essentially “file a complaint” against themselves if they have concerns about their own practice.
Never attempt to hide information about an OWI conviction from the Board. The Board is likely to learn about the matter and won't react positively to a nurse attempting to conceal this information. If you have questions about how to properly navigate the situation when self-reporting an OWI arrest or conviction, we at the Lento Law Firm Professional License Defense Team will gladly discuss this topic with you in greater detail.
What an Iowa Board of Nursing OWI Investigation Involves
The exact details of a Board investigation will depend on various factors. For example, the way in which the Board learns of your OWI or potential substance abuse issue may determine how an investigation gets launched. The beginning of the process may differ somewhat if the Board receives a complaint from an outside party rather than learning of your OWI through you.
That said, during an investigation, investigators will gather evidence about your case to present to the Board. Gathering evidence may involve everything from reviewing police reports to speaking with your coworkers about your job performance.
Upon concluding their work, investigators will present their findings to the Board. If the Board determines that taking disciplinary action may be warranted, it will schedule a hearing and provide the nurse in question with notification of the hearing's date and location.
You may be eager to appear cooperative during an investigation. It's understandable to feel you could make the right impression on the Board by “helping” facilitate an investigation however you may.
True, you shouldn't stand in the way of an investigation. For example, if investigators request any information or documentation from you, it's important to respond to such requests promptly.
However, although this may not be a criminal case, as with a criminal case, being too cooperative can actually provide investigators with ammunition to use against you. You're better off protecting yourself with assistance from lawyers with the unique experience required to handle a case like yours. That's exactly what you'll find at the Lento Law Firm's Professional License Defense Team.
The Iowa Nurse Assistance Program: A Potential Alternative to Disciplinary Action
The Board offers the Iowa Nurse Assistance Program (INAP) to nurses struggling with substance abuse issues. When a nurse enrolls in the program, they sign a contract agreeing to participate in confidential monitoring and treatment. Because INAP is sometimes offered as an alternative to traditional disciplinary action, a nurse who enrolls in the program may keep their privilege to practice nursing—assuming they abide by the program's requirements and conditions.
You might assume that enrolling in INAP is always smart if it helps you avoid disciplinary action. That's not necessarily so. Participating in the program, especially if you don't genuinely have a substance abuse issue, can be unnecessarily costly and demanding.
Our Professional License Defense Team at the Lento Law Firm can help you better understand this option if it applies to your case. We can discuss the pros and cons, allowing you to make a more informed decision about enrolling in INAP. If you do wish to enroll, we could also help you present evidence and documentation showing you meet the necessary criteria.
Criminal Defense Isn't Enough When Your Nursing License is on the Line in Iowa
It's easy to assume that a criminal defense attorney is qualified to defend you during a Board investigation following an OWI. If they can handle the criminal side of the case, why wouldn't they be qualified to handle this side as well?
There are actually several reasons a criminal defense lawyer isn't the right professional for the job when you need nursing license defense services. The following are just a few significant reasons why:
- Both the general and specific steps in the Board investigation process differ from that of a criminal case, meaning a criminal defense lawyer may not know how to navigate this type of case.
- The types of evidence that are considered most valuable in one type of case may not be the same in another. For example, a district attorney just needs evidence indicating a crime has been committed. The Board, on the other hand, may be more interested in evidence regarding a nurse's overall on-the-job performance.
- A criminal defense lawyer with limited experience handling cases like yours probably won't be able to negotiate with Board members as confidently as attorneys who have represented clients like you before.
Our Professional License Defense Team at the Lento Law Firm is prepared to offer the unique service you need when a Board investigation puts your license at risk. The following are just a few examples of major Iowa health care facilities whose nurses we may serve:
- University of Iowa Health Care Medical Center - Iowa City
- MercyOne Des Moines Medical Center - Des Moines
- UnityPoint Health-Iowa Methodist Medical Center - Des Moines
- Adair County Memorial Hospital - Greenfield
- Audubon County Memorial Hospital - Audubon
- Avery Holy Family Hospital - Estherville
- Avera Merrill Pioneer Hospital - Rock Rapids
- Blank Children's Hospital - Des Moines
- Boone County Hospital - Boone
Again, these are just examples. No need to worry if you need help with a case but don't see your employer listed here. If you're a nurse working virtually anywhere in Iowa, our team is prepared to help when an OWI triggers a Board investigation.
Call the Lento Law Firm Today if an Iowa OWI Jeopardizes Your Nursing License
You may be frightened about your professional future if you're an Iowa nurse with an OWI arrest or conviction. Don't let that fear paralyze you! The sooner you take action, the sooner our Professional License Defense Team at the Lento Law Firm can begin working on your case. We'll leverage our understanding of Iowa Board of Nursing investigations to ensure you have the representation you deserve in your circumstances. Get started today by calling us at 888-535-3686 or submitting your information through our online form.
