In Wisconsin, operating while impaired (OWI) is a serious offense. If you've been arrested for an OWI, criminal penalties ranging from fines to potential jail time could await.
You must also consider the way an OWI will affect your career. If you're a nurse, an OWI conviction in Wisconsin could indicate that you have a substance abuse problem and thus are not able to safely treat the public. The Wisconsin Board of Nursing (from this point referred to as “the Board”) is authorized to take disciplinary action in these circumstances. If the Board does take such action, your ability to practice nursing in Wisconsin could be limited.
Don't let an OWI jeopardize your career. At the Lento Law Firm, our Professional License Defense Team is available to represent you when the Board is considering disciplinary action after an OWI conviction. Learn more about how we can help by calling us today at 888-535-3686 or submitting your information via our online contact form.
Wisconsin OWI Laws and Criminal Penalties
Wisconsin's OWI law prohibits someone from operating a motor vehicle in the following circumstances:
- When they have a blood or breath alcohol concentration (BAC) of at least 0.08
- When they are otherwise under the influence of an intoxicant
- When there is a detectable amount of a restricted controlled substance in their blood
- While otherwise under the influence of a controlled substance or other such drug
Penalties can vary based on numerous factors, including:
- Whether this is someone's first OWI
- How high a driver's BAC was
- Whether there were minors in the vehicle
The following are penalties someone might face for a first OWI in Wisconsin:
- A fine of $150 to $300
- License revocation for six to nine months
Those are just the criminal penalties that may await someone convicted of an OWI. If someone is a licensed professional, like a nurse, the professional consequences of an OWI may also significantly affect their career.
A criminal defense lawyer can assist someone arrested for an OWI with the criminal side of their case. However, if they face professional license issues, they need representation from attorneys who specifically handle these types of cases. That's exactly the type of lawyers you'll find at the Lento Law Firm Professional License Defense Team.
An OWI May Result in Disciplinary Action for a Wisconsin Nurse
The Board is authorized to consider disciplinary action against a nurse's license in various situations. One of those situations is when a nurse has been convicted of a crime that is reasonably related to the practice of nursing.
The Board may consider an OWI such an offense. An OWI could indicate a nurse has a problem with drugs or alcohol. The Board might determine that a nurse with substance abuse issues isn't fit to treat the public.
Forms of disciplinary action the Board may take include:
- License denial: The Board may decide not to issue a license to an applicant if an OWI suggests they are not able to perform their duties safely.
- Renewal denial: Similarly, the Board can refuse to renew the license of a nurse who's been convicted of an OWI.
- Reprimand: This is similar to a warning. Although it might not seem like a harsh form of punishment, nurses should be aware that a public reprimand could be linked to their nurse files. Employers and other such parties may access this information, which could thus limit a nurse's employment opportunities in the future.
- Probation or limitations: After investigating a case, the Board might conclude that a nurse can continue practicing in the state. However, the Board may require a nurse to abide by certain conditions during a period of probation. Similarly, the Board can place limitations on a nurse's license for a specified period.
- Suspension: The Board may suspend a nurse's license temporarily. A nurse will be unable to practice nursing during the period of suspension.
- Revocation: In extreme cases, the Board may elect to revoke a nurse's license entirely. Doing so would prevent a nurse from practicing in Wisconsin until they were able to get re-licensed.
The Board has substantial power when taking disciplinary action against nurses and their licenses. If the Board takes disciplinary action in your case, it could have significant implications for your career going forward.
Don't let stress paralyze you now. Take steps to defend yourself and your career by coordinating with our Professional License Defense Team at the Lento Law Firm.
Does a Nurse Need to Report an OWI to the Wisconsin Board of Nursing?
The law requires a nurse to report any criminal conviction (whether felony or misdemeanor) to the Board within 48 hours of being convicted. There is no requirement that a nurse report an OWI arrest before a conviction.
When self-reporting a conviction to the Board, a nurse should include a copy of the judgment, along with a copy of the original complaint or similar document that describes the nature of the crime. The Board uses this information to determine whether the crime is reasonably related to the practice of nursing.
The Board may proceed with an investigation if it determines the nature of a nurse's crime does potentially warrant further action. Be aware, the law states that failure to self-report a criminal conviction within 48 hours is also grounds for disciplinary action. The consequences of attempting to conceal an OWI from the Board may thus be worse than the consequences of properly reporting an OWI and allowing the Board to determine its next steps.
“Do I need to self-report my OWI to the Wisconsin Board of Nursing?” is just one of many questions you may have throughout this process. Attorneys with our Professional License Defense Team at the Lento Law Firm will be happy to answer any other questions that may arise as your case plays out.
What Does a Wisconsin Board of Nursing OWI Investigation Involve?
Every case is unique. The exact steps involved in one OWI investigation may not be precisely the same as another.
That said, the Board is a division of the Wisconsin Department of Safety and Professional Services, according to which an investigation may involve:
- Intake: This is the stage in which the department receives a complaint and reviews it to decide if investigating is necessary. Because a nurse is likely to self-report an OWI, their case might skip this stage, unless someone else filed a third party complaint against them.
- Investigation: Case investigators may proceed if an initial review determines there's sufficient reason to look more deeply into the matter. An investigation may involve interviewing witnesses, reviewing documentation and records, and gathering any evidence that may be relevant to a case. Once the investigators complete their process, they will provide a case manager with the results. The case manager and investigators may discuss the results and decide whether to dismiss a case or proceed to the next step.
- Legal action: This step occurs if the case manager, upon discussing the results of the investigation, decides disciplinary action may be necessary. However, at this stage, attorneys for the department now have a chance to review the investigator's findings. The attorneys can then determine whether it's appropriate to pursue disciplinary action. During this stage, a nurse also has the opportunity to enter into a settlement with the Board. This may involve admitting to certain violations or misconduct. The potential benefit of a settlement is that, like a plea deal in a criminal case, it could theoretically help a nurse avoid more significant forms of disciplinary action.
- Hearing: It's not always possible to arrive at a settlement agreement during the legal action stage. When this happens, an attorney for the department/Board will litigate the case before an administrative law judge (ALJ) during a formal hearing. The hearing also gives a nurse the chance to present their side of the story. At the conclusion of the hearing, the ALJ can propose a decision that the Board will then review. The Board can then proceed with disciplinary action if it appears a violation has occurred.
This process can be very intimidating for a nurse who has never faced disciplinary action before. In addition, a nurse, perhaps eager to make a good impression on investigators or others involved in the case, maybe excessively cooperative, answering questions and participating in meetings/hearings without proper representation.
Don't make this mistake! Remember, the outcome of your case can determine whether you're able to continue practicing as a nurse in Wisconsin. Our Professional License Defense Team at the Lento Law Firm will offer the representation you need, helping you guard against significant penalties.
A Potential Alternative to Disciplinary Action for a Nurse With an OWI in Wisconsin
The Wisconsin Nurses Association offers the Nurse's Caring for Nurses Program as a means of providing nurses throughout the state with peer support if they struggle with substance abuse issues. A nurse with an OWI may consider enrolling in the program if they believe they struggle with such an issue and would benefit from the support available through a peer network.
Most states offer such programs. Often, nurse licensing boards may allow nurses to enroll in these programs as an alternative to disciplinary action.
The Board might consider this option in your case. One potential scenario when negotiating a settlement is the Board asking you to enroll in the program, stating you will avoid disciplinary action if you opt to take the offer.
This might seem like an option you should never pass up. However, there are instances when enrolling in this type of program may not be ideal for a nurse.
For example, a nurse eager to avoid any form of disciplinary action might enroll in the program despite not having an actual addiction or substance abuse problem. Now that they've enrolled, they need to complete the program and abide by its terms and conditions, or else the Board may proceed with disciplinary action against their license.
Whether you should consider this option depends on many factors. At the Lento Law Firm, our Professional License Defense Team attorneys will happily discuss the topic in greater detail, helping you understand its pros and cons.
A Criminal Defense Lawyer Isn't Right for This Type of Case
It's definitely a good idea to call a criminal defense attorney shortly after being arrested for an OWI. You'll benefit from a professional defense when facing criminal penalties.
However, your criminal defense lawyer isn't necessarily qualified to serve your needs in a professional license defense case. Consider the following key differences between these types of cases and criminal proceedings:
- The burden of proof is different
- The types of evidence investigators look for are different
- Every step in the overall process may differ
You need representation from attorneys familiar with the Board investigation process. Our Professional License Defense Team at the Lento Law Firm serves nurses from such major Wisconsin health facilities as:
- UW Health University Hospital - Madison
- Aurora St. Luke's Medical Center - Milwaukee
- Mayo Clinic Health System - Eau Claire
- SSM Health St. Mary's Hospital - Madison
- Aspirus Wausau Hospital - Wausau
- Aurora Medical Center - Grafton
- AdventHealth - Durand
- Ascension All Saints Hospital - Racine
That's just a list of noteworthy examples. Don't worry if your employer isn't listed here. No matter where you work in Wisconsin, we're prepared to offer a strategic defense when your license is on the line because of an OWI.
Contact the Lento Law Firm When an OWI Jeopardizes Your Wisconsin Nursing License
You have invested so much of yourself into becoming a nurse. You've studied, taken tests, undergone the licensing process, and most importantly, devoted your life to helping others. You don't want to worry about losing the ability to practice nursing because of an OWI conviction.
A proper defense can make a significant difference in your case's outcome. At the Lento Law Firm, our Professional License Defense Team will offer services tailored to the specifics of your situation. Find out more about what we can do for you by calling us at 888-535-3686 or submitting your information through our contact form.
