As a nurse in Montana, you have worked hard to obtain your state license, and you are in a caring profession that is also under a lot of stress. You may only have had a few beers after work and even waited one to two hours afterwards before getting in the car to drive home. It is incredibly stressful to get pulled over, ticketed, or charged with Driving Under the Influence ( DUI) by the police. This charge can have serious consequences for your nursing career and specifically your professional nursing license. You will be disciplined in Montana like any other person who is charged with a DUI based on the local and state laws of Montana. Proving a DUI in Montana does not require a showing of impairment, only that an individual's blood alcohol (BAC) or breath alcohol (BrAC) was above the legal limit of 0.08 for a non-commercial vehicle.
Your state nursing license in Montana may be in jeopardy from this DUI. It is essential that you contact trained legal professionals to help you protect and defend your professional license in Montana during this stressful time. The Lento Law Firm's Professional License Defense Team is well-versed in license defense issues for nurses in Montana and will create a vigorous defense on your behalf. Contact us at 888-535-3686 today or schedule a consultation online. Below are some guidelines to help answer some of your questions regarding your license defense.
Must a DUI Charge Be Reported to the Montana State Board of Nursing?
The Montana State Board of Nursing governs the licensure and rules for the professional conduct of nurses in Montana. It is also in charge of investigating and disciplining nurses for misconduct.
It is quite clear that a DUI conviction must be reported to the Montana State Board of Nursing. A criminal conviction for a DUI is a breach of public trust for a professional, and it may imply substance abuse. However, it is less clear about the duty to report for a pending charge, especially a charge not related specifically to the rules for professional conduct of an on-duty nurse.
While it may be tempting not to report a DUI charge, it is generally not a good idea since the charge may be reported by either law enforcement or a complaint can be filed against you by other means. It is clear that if you are arrested in Montana for a DUI, professional legal counsel is vital to protect and defend your professional license and to give you the best next steps for proceeding in your case.
Is it Likely that Someone Else Will Report My DUI Charge to the Montana State Board of Nursing?
It certainly is a possibility that another person can report your DUI charge to the Montana State Board of Nursing. Any person who has knowledge of a violation of nursing rules or a violation of rules related to federal or state laws can file a formal complaint with the Montana State Board of Nursing. In investigating a complaint, the Montana State Board of Nursing will follow the procedures outlined by the NCSBN board of nursing because Montana is part of the eNLC (enhanced Nurse License Compact) between states. Initially, they will review the complaint to determine if they have jurisdiction over it.
What are the Steps in the Montana State Board of Nursing's Disciplinary Process for a DUI Conviction?
Investigation
When the Montana State Board of Nursing receives notice about a conviction (either from you or from law enforcement), they will initiate an investigation to learn the facts concerning the arrest and/or conviction. This may include having you provide a written or oral statement as to what happened, reviewing police records and court documents, and possibly interviewing witnesses. If there is enough preliminary evidence, the Montana State Board of Nursing will pursue disciplinary action.
Procedures Before the Board
The Montana State Board of Nursing may schedule a settlement conference or an administrative hearing. Settlement conferences are appropriate when there is substantial evidence against a nurse. The Montana State Board of Nursing may offer to negotiate a Consent Order as an alternative to a formal administrative hearing. It is a binding agreement where the nurse admits to wrongdoing and the licensing board, nurse, and the state all agree on the acceptance of prescribed disciplinary actions.
An administrative hearing before the Montana State Board of Nursing will occur if the board thinks that the facts justify a hearing. Such a hearing will allow the prosecuting attorney to make a case against the licensee and also allow a nurse to present a defense against the complaint in order to protect their professional license.The licensee may be represented by professional legal counsel at the hearing. After the prosecuting attorney and the defense attorney have made their case by presenting evidence and witness testimony, the Montana State Board of Nursing will make a determination. It will impose sanctions if the nurse is held responsible. The board will then announce disciplinary actions which range from probation to revocation or suspension of a professional nursing license.
Appeal
You have a right to appeal against an adverse ruling from the Montana State Board of Nursing to the appellate court in Montana. This is generally only done for gross errors in the disciplinary proceedings since most professional license decisions are upheld by appellate courts.
Am I Guaranteed to Lose My License Over a DUI Conviction?
In many cases, nothing about the Montana State Board of Nursing's disciplinary procedure is fixed. The Board may be convinced that the evidence against you is not so egregious as to result in the revocation of your license. This is particularly true for first-time offenders with lower blood alcohol results. Your cooperation with the police is another factor. The skilled defense of your legal rights by a licensed defense attorney is another factor in keeping your license. This is an important reason to hire the professional legal services of the Lento Law Firm's Professional License Defense Team early on in the proceedings to ensure the best possible outcome for your license defense case. It may even be possible to get your disciplinary charges dismissed by agreement without an administrative hearing.
Can I Still Keep My License If I Plead Out or the Charges are Downgraded or Dropped?
Any change in your charges may affect the Montana State Board of Nursing's decision. The most common plea bargain is a reduction to a charge of reckless driving. The Board is required to review all the evidence presented. Any ameliorating circumstances should have a beneficial effect on the Board's determination. All beneficial changes in circumstances should be presented to the Board by your legal representative.
Are there any Programs or Pathways that I might Have Access To in Order To Avoid a Criminal Record?
Normally, in a DUI misdemeanor, it would be five years minimum before a criminal record could be expunged, and a court would look at all the facts closely before removing a conviction from a record. One of the key factors involved is the likelihood of a repeat offense. One program that may positively affect a criminal record is Montana's Nurses' Assistance Program (NAP). Under the Administrative Rules of Montana, The Montana State Board of Nursing can assist nurses in Montana who are found to be impaired by substance abuse.
It is important to understand that even if the Board imposes a lesser penalty, such as fines or probation rather than license revocation, the disciplinary action by the Board is a matter of public record. This can be damaging to your professional reputation as a nurse. Therefore, it becomes essential to hire experienced lawyers from the Lento Law Firm Professional License Defense Team to ensure that you have the best chance of achieving a good outcome before the Montana State Board of Nursing.
Why Should I Hire a Professional License Defense Attorney?
The Montana State Board of Nursing is not set up to protect their licensees in a disciplinary proceeding but to protect the public. The Montana State Board of Nursing does not follow the criminal evidence standard of innocent until proven guilty. The Montana State Board of Nursing will look for evidence in its investigation to support the complaint. This will create a disadvantage for the nurse who is making a statement or even having informal conferences with board members during the investigation phase. An experienced Professional License Defense Team will make sure that your rights and your evidence are protected and fairly heard in any meeting or hearing. The Lento Law Firm Professional License Defense Team can work to protect your interests and make a difference In the outcome of your case by the following actions:
- Acting as your legal counsel and representative in all written Montana State Board of Nursing communications;
- Examining all facts contained in your complaint to assess risk factors;
- Providing an answer to the complaint that is strong, straightforward, and evidence based;
- Developing a strong defense case to the complaint against you;
- Gathering witnesses and evidence that support your defense;
- Negotiating with the Montana State Board of Nursing to dismiss the complaint or agree to leniency and lesser sanctions;
- Mounting an aggressive defense at a formal administrative hearing if required.
When should I contact the Lento Law Firm Professional License Defense Team?
It is vital to contact our legal offices as soon as possible after the complaint is filed so that the Montana State Board of Nursing has less chance to build a case against you and you have more chance of a vigorous legal defense. Any direct communications that you have with the Montana State Board of Nursing can be considered evidence, so it is best to consult the Lento Law Firm Professional License Defense Team first before making any direct contact and communication with the Montana State Board of Nursing.
Remember that hiring your Professional License Defense Team early in the investigation process allows for a much greater chance of a resolution of the complaint in your case without the need for an administrative hearing. Your nurse's license is not just a credential; it is the career for which you have worked so hard. It represents your entire commitment to an important, caring profession. Do not let your hard-won achievements be destroyed by a revocation of your nursing license. The legal professionals at the Lento Law Firm Professional License Defense Team are experienced in fighting for the professional rights of nurses in Montana and throughout the country. They will diligently work to achieve the best possible outcome in your case so that you can continue to practice the important and needed profession of nursing in Montana.
Do not delay and call the Lento Law Firm Professional License Defense Team at (888) 535-3686 today or schedule a consultation online.
