Nurses are the unsung heroes of healthcare, providing compassionate care and steady support to patients during their most vulnerable moments. In New Hampshire, where serious nursing shortages place even greater demands on healthcare professionals, the role of nurses is indispensable.
Unfortunately, the relentless stress and physical toll of the job can make nurses vulnerable to burnout and unhealthy coping mechanisms, including substance use. When alcohol or drug use leads to driving under the influence (DUI) or driving while intoxicated (DWI) charges, nurses are likely to face both criminal consequences and the risk of losing their nursing licenses.
If you're a New Hampshire nurse facing DUI or DWI charges, call the Lento Law Firm's Professional License Defense Team as soon as possible. Even if you've hired a criminal defense attorney to handle the DUI charges in court, you will still need a nursing license defense lawyer to represent you before the New Hampshire Board of Nursing, which may decide to suspend or revoke your nursing license following the criminal charges. Call the Lento Law Firm today at 888.535.3686 or contact us online to help us protect your license and livelihood.
DUI and DWI Offenses in New Hampshire
Driving under the influence (DUI) or while intoxicated (DWI) in New Hampshire involves operating a vehicle while impaired by alcohol or drugs. The State adheres to the federal standard of a .08% blood alcohol content (BAC) limit for drivers aged 21 and older. This limit means a driver can face DUI/DWI charges based solely on BAC testing, even without outward signs of impairment. Conversely, an officer may also charge a driver with DUI if they show signs of driving while impaired, such as weaving or braking erratically, regardless of whether their BAC levels are below the legal threshold.
New Hampshire law also prohibits driving while impaired by drugs, whether legal, prescribed, or illicit. Although the type of substance consumed and the degree of impairment may impact how a case is handled, you can be prosecuted to the fullest extent of the law when driving under the influence of commonplace drugs like allergy or anti-anxiety medications–if the prosecution can prove the drugs affected your driving.
Professional Risks of DUI/DWI for Nurses
For nurses in New Hampshire, a DWI charge represents more than a criminal issue–it signals potential fitness concerns to the New Hampshire Board of Nursing. New Hampshire Nurse Practice Act states that nurses may face discipline for “[u]se of any controlled substance or any drug or device or alcoholic beverages to an extent or in a manner dangerous or injurious to himself or herself, any other person, or the public or to the extent that such use may impair his or her ability to conduct with safety to the public the practice of nursing.”
The Board may view DWI offenses as red flags for possible substance abuse or dependency issues, both of which may compromise a nurse's ability to practice safely and with the necessary professional judgment. Impaired judgment in a healthcare setting can have catastrophic consequences, including medication errors, failure to follow physician orders, or neglecting patient needs.
To safeguard public health, the Board has the authority to investigate nurses charged with DWI and impose disciplinary actions ranging from mandatory rehabilitation programs to license suspension or revocation.
The Obligation to Disclose DWI Charges
In New Hampshire, nurses do not necessarily have to disclose DWI charges to the Board of Nursing; however, transparency may work to your advantage. Even without self-disclosure, the Board may learn of charges through other means:
- Law Enforcement Notifications. New Hampshire law enforcement agencies may inform the Board of Nursing about criminal charges against a licensed nurse.
- Employer Reports. Depending on your contract, you may have a duty to report the DWI to your employer. Many employers, in turn, have a duty under the Nurse Practice Act to report employee conduct that raises concerns about fitness to practice to the Board of Nursing.
- Routine Background Checks. The Board may conduct regular checks of criminal records to identify issues among licensees.
- Third-Party Reports. Patients, family members, or colleagues may report a nurse's DWI charge to the Board.
- Public Media Coverage. News reports about DWI incidents can also alert the Board.
In light of the varied ways the Board can learn about a charge, attempting to conceal the issue might cause additional trouble. The best approach is to speak with the Lento Law Firm's Professional License Defense Team before disclosing. We can help you report the offense properly and decide the best way to present your side of the story before the Board.
The Board of Nursing's Investigation Process
Once the New Hampshire Board of Nursing becomes aware of a DUI or DWI charge involving a nurse, it typically initiates an investigation to evaluate how the incident might affect your ability to practice. This investigation involves several steps.
First, investigators will send you notice that they are investigating you. Next, they will review all the relevant documentation, including police reports, BAC or drug test results, and court records. They may also collect witness statements and other evidence. Next, they'll contact relevant parties, such as your employer, colleagues, or others, who can provide insight into your behavior and professional fitness.
If substance abuse is suspected, the investigation may include an evaluation of your habits and any history of dependency. The Board will then review the entirety of the evidence and determine the appropriate course of action.
How to Respond to a Notice of Investigation
If you did not self-report the DWI charge to the Board of Nursing, but they found out through other means, you may be shocked to receive a notice of investigation. However, don't panic or brush off the notice. It's important that you respond within 15 days. However, consult with the Lento Law Firm's Professional License Defense Team before responding. The investigation process can be confusing and challenging, especially when balancing it with a concurrent criminal case. Our team can:
- Help craft responses that address the Board's concerns without jeopardizing the criminal case.
- Gather and present evidence supporting your fitness to practice.
- If substance abuse is a factor, demonstrate that you have taken proactive steps to address the issue.
For example, our team might be able to explain that you were under immense stress at the time of your DWI arrest, perhaps due to the recent death of a child patient under your care, and that you had two glasses of wine after your shift. Additionally, witnesses could attest to your exceptional performance at work and the fact that you rarely drink. Providing this context helps the Board better understand the circumstances surrounding the DWI and consider them during their deliberations.
The Potential Consequences of a Nursing Board Investigation of DWI
The New Hampshire Board of Nursing has a duty to prioritize public safety and has extensive authority to discipline licensees under the Nurse Practice Act. The severity of disciplinary measures varies, depending on the severity of the case presented. The more serious the underlying criminal offense, the more harsh the Board's disciplinary action may be. Ultimately, if the Board's investigation finds that your actions jeopardize public safety and your ability to practice nursing, they will impose a sanction consistent with their mandate to protect the public. Disciplinary actions may include:
- Reprimands or fines. The Board may issue formal reprimands or fines for less severe infractions. A reprimand becomes part of your permanent record but does not typically restrict practice. Fines are financial penalties meant to deter future misconduct and emphasize accountability.
- Probation. This disciplinary action allows you to continue practicing under strict conditions the Board sets. These conditions may include regular reporting to the Board, attending professional ethics courses, or undergoing supervision. Probationary periods monitor your compliance and ensure safe practice while addressing any underlying issues.
- License Suspension or Revocation. In cases where the Board perceives immediate threats to the public, the Board may suspend a nurse's license temporarily or revoke it entirely. Suspension is typically used when the Board believes you can eventually return to safe practice after meeting specific requirements, such as completing a treatment program. Revocation, on the other hand, is permanent and reserved for the most serious offenses, such as repeated violations, criminal convictions, or unresolved addiction issues.
- Mandatory Treatment Programs. These programs are required when substance use or dependency is a factor. You might be directed to complete substance abuse counseling, rehabilitation, or monitoring programs to address addiction concerns. The goal is to ensure you demonstrate fitness to practice safely and competently before resuming unrestricted practice.
New Hampshire's Alternative to Discipline for Nurses
Nurses are particularly vulnerable to substance abuse issues thanks to the high levels of stress and responsibility inherent in their profession. Many states, including New Hampshire, have established Alternative to Discipline (ATD) programs to address this.
These programs aim to help nurses recover from substance abuse without jeopardizing their licenses, focusing on rehabilitation rather than punishment. An example of such an initiative is the New Hampshire Professionals Health Program (NHPHP), a nonprofit organization that operates independently from the State and other medical organizations.
NHPHP offers intake assessments, treatment referrals, monitoring when needed, recovery documentation, education, advocacy, and support. The organization emphasizes early intervention and treatment to resolve health concerns before they affect work performance.
If you've been charged with DWI and voluntarily participate in treatment programs such as this, counseling, or support groups, it demonstrates a commitment to addressing your substance abuse underlying issues. This proactive approach can help reassure the Board of your dedication to safe and competent practice.
License Reinstatement Possibility
If the Board decides to suspend or revoke your license, it doesn't necessarily mean the end of your nursing career; reinstatement may be possible. Under New Hampshire law, a suspended nursing license can be reinstated within 30 days after the suspension ends or within one year of its expiration. Reinstated licenses may be fully reinstated or subject to specific conditions.
If your license was revoked, reapplication for licensure requires submitting an initial application that demonstrates compliance with certification, continuing competence, and other relevant requirements, as well as completing a criminal records check if necessary. Additionally, you must meet all conditions of the revocation order, pay any penalties, and fulfill any waiting periods. The Lento Law Firm's License Defense can help you apply for reinstatement, ensure that you meet all legal qualifications, and present your case in the best light.
The Importance of an Experienced Professional License Defense Lawyer
If you're a nurse facing a DUI or DWI charge, it's crucial to have skilled legal representation to handle the criminal case–and the potential licensing consequences. Administrative proceedings require a different approach from criminal ones, and it's crucial to retain attorneys experienced in licensing aspects to address these concerns effectively.
The Lento Law Firm's Professional License Defense Team can provide a strategic defense by thoroughly assessing your case, ensuring timely responses to Board notices, presenting context and mitigating evidence, and negotiating voluntary resolutions such as treatment programs or remedial actions. If the case progresses to a hearing, we will advocate for the best possible outcome, whether a dismissal or reduced sanctions, by effectively challenging the evidence and presenting a comprehensive defense.
In addition, we can help protect your employment during the investigation process. Employers may view a DWI charge or a pending investigation by the Nursing Board for a DWI charge as a reason to terminate. Our team can help facilitate communication with your employer and reassure them of your commitment to professional standards and your ongoing fitness to practice, potentially helping to preserve your job during this challenging time.
We know that the stakes in licensing proceedings are high. Losing your nursing license can lead to losing your employment, financial stability, and the ability to practice in other states. These consequences show the importance of taking these proceedings seriously and seeking professional legal help to protect your career and livelihood. Let our Professional License Defense Team start helping you today. Call us at at 888.535.3686 or contact us online. We are ready to manage the professional consequences of the DWI and safeguard your nursing career.
