Getting a DUI conviction is upsetting. It's never a good experience to face criminal charges, but when you're a nurse, you have more to consider than fines and losing your driver's license. While the legal consequences of a Rhode Island DUI can be over, the threat the DUI poses to your Rhode Island nursing license isn't. Your Rhode Island nursing license could be on the line after a DUI arrest or conviction. Don't let a personal mistake threaten your nursing career and livelihood. Call the Lento Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to protect your Rhode Island Nursing License.
DUI Laws in Rhode Island
Getting a DUI in Rhode Island is a serious crime. Under Rhode Island's DUI law, it is illegal for a person over the age of 21 to drive with a blood alcohol content at or above 0.08%. If you are under the age of 21, driving with any alcohol in your system can land you a DUI charge.
Rhode Island DUI law doesn't only cover driving while under the influence of alcohol; it also makes it illegal to drive after taking any type of drugs. The law isn't limited to just illegal drugs. You can get a DUI for driving while impaired by any controlled substance, even if it was prescribed to you by a doctor. There are many drugs that can impair your ability to drive; a few common ones are Ambien, Xanax, and other benzodiazepine and antidepressant drugs, which have side effects such as dizziness and lack of coordination.
How serious the criminal charges are against you varies greatly depending on your exact blood alcohol level and whether or not this was your first DUI offense. While the criminal impact of your DUI might be at the forefront of your mind, the impact your DUI will have on your nursing license should be a priority. While criminal charges may result in months of jail time, fines, and a suspension or revocation of your driving license, the impacts on your nursing license can be much longer term. This is why you need to immediately address your DUI as it relates to your nursing license with the guidance of a Lento Law Firm attorney.
Rhode Island Board of Nurse Registration and Nursing Education
The Rhode Island Board of Nurse Registration and Nursing Education (“Board of Nursing”) oversees everything related to your Rhode Island nursing license. They deal with issuing your nursing license and have the authority to suspend or revoke it if it is seen fit.
Grounds for Disciplinary Action Against Your Rhode Island Nursing License After a DUI
Rhode Island nursing law outlines what conduct is grounds for a nurse to face disciplinary action. While the law doesn't specifically state "we can discipline nurses for getting a DUI," a DUI in Rhode Island can fall under a few different grounds for the Board of Nursing to take disciplinary action. A DUI may fall within the following grounds for nursing license disciplinary action by the Board of Nursing outlined in Rhode Island:
- Guilty of a crime of gross immorality
- Unfit or incompetent by reason of negligence or habits
- Habitually intemperate or addicted to the use of habit-forming drugs
- Mentally incompetent
While generally, a nurse's substance or alcohol abuse problem will reach the Board of Nursing by way of a formal complaint, that isn't always the case. It likely won't be the case if not many people in your professional life are aware of your DUI. If a complaint hasn't been filed against you related to your drug or alcohol use, your DUI will likely get on their radar. While your life may feel out of control following your Rhode Island DUI, you have control over how and when the Board of Nursing learns of your DUI conviction.
With the help of the Lento Law Firm Professional License Defense Team, you control the narrative. Going to the Board of Nursing on your own terms, before they seek you out, can provide you with options that mitigate the damage to your Rhode Island nursing license. Your Lento Law Firm attorney will guide you through contacting the Board of Nursing and negotiating an outcome that preserves your nursing license.
Am I Required to Self-Report My Rhode Island DUI Conviction to the Board?
In Rhode Island, you aren't required to contact the Board of Nursing the moment you receive a DUI, but that doesn't mean you are in the clear. As a veteran Rhode Island nurse, you are likely familiar with the process of renewing your nursing license. In the past, you might have quickly glossed over questions regarding criminal activity, checking the "no" box, but moving on to this time, you'll have to read that section more carefully. When you renew your Rhode Island nursing license, you are obligated to disclose if you have been convicted of a crime.
At the Lento Law Firm, we don't recommend waiting until it's time to renew your Rhode Island nursing license to open a dialogue about your DUI with the Board of Nursing. Especially since, as stated above, a DUI can fall into a category that is grounds for discipline by the Board.
Especially if this is your first DUI or your blood alcohol level was close to the threshold of the legal limit, your chances of getting a favorable outcome with the Board of Nursing are higher. Your Lento Law Firm attorney is well-versed in conveying your DUI to the Board of Nursing in a way that keeps you in the highest light. We work to demonstrate to the Board of Nursing that your Rhode Island nursing license shouldn't be impacted by a mistake made outside the scope of your nursing duties.
Rhode Island's Disciplinary Action Process for DUI Convictions
Just because you reported your DUI to the Board of Nursing does not automatically mean you will face disciplinary action. Your Lento Law Firm attorney may successfully argue the matter should be dropped without entering the formal disciplinary action process. If you haven't had a Lento Law Firm attorney advocating for you and the disciplinary action process with the Board of Nursing has already started, there is a specific timeline you can expect. While every case is different, and your Lento Law Firm will keep working with the Board to resolve the matter, you can expect the Rhode Island Board of Nursing disciplinary action process to look like this:
Investigation and Temporary Actions
When a DUI conviction falls under a ground for discipline, the Board of Nursing may choose to pursue the case further. This also doesn't mean you are going to face punishment or have your nursing license impacted, but it's important to have your Lento Law Firm attorney defending you throughout the process.
In this instance, the Board of Nursing will treat the case like any other case of reported Rhode Island nurse misconduct. This means opening an investigation. The Board of Nursing will review all of the documentation related to your DUI case with law enforcement. While your DUI occurred outside of work, it doesn't mean your employer will be left out of the investigation. The Board of Nursing will be looking to see if there is anything in your employment record that may indicate other misconduct or any alcohol or substance use problems.
As soon as the Board of Nursing learns of your DUI, it may take temporary action against you in the form of an immediate temporary license suspension. While this is possible, it isn't done often. The Board of Nursing only takes this action when a nurse poses an immediate threat or danger to the patients in their care.
A DUI itself, of course, doesn't make you an immediate threat or danger to your patients. But if the Board of Nursing learns that you have been under the influence of drugs or alcohol in your workplace, a temporary suspension of your license may be on the table. If the Board of Nursing is seeking temporary action, your Lento Law Firm attorney will encourage the Board to reconsider, arguing that you are fit for duty. We want to ensure minimal impact on your employment through the DUI disciplinary action process.
Throughout the investigative process, your Lento Law Firm attorney will continue to negotiate with the Board of Nursing. Our goal is to get you the best possible outcome through a consent order (also known as a settlement). Ideally, a consent order mitigates or eliminates sanctions to your license and the impact the DUI and investigation have on your current and future employment. Consent orders are generally reached towards the end or at the end of the investigation, but with a DUI conviction, the facts are likely more straightforward forward, and resolution can be reached earlier on.
Hearing
If, at the end of the investigation, you are unable to agree to an appropriate consent order, you will have a formal hearing. Your Lento Law Firm attorney will represent you before the Board of Nursing hearing. Formal hearings are procedurally a bit like a trial in court. Both sides will give opening statements, make their arguments, put forward evidence, and examine and cross-examine witnesses.
In typical nurse misconduct cases, the Board of Nursing will consider whether you are guilty of the alleged offense. In DUI cases, things work a bit differently because you have already been found guilty of your DUI in court. Part of your hearing will be the Board of Nursing reviewing documents from your court case. Your hearing will, therefore, be focused largely on what appropriate sanctions, if any, are appropriate in your case.
Because the Board of Nursing's disciplinary action against you is discretionary, you need a professional licensed defense attorney familiar with the Board of Nursing and its licensure practices. The Lento Law Firm Professional License Defense Team attorneys have helped countless Rhode Island Nurses facing disciplinary action for a DUI. Our attorneys know how to effectively communicate with Rhode Island Board of Nursing authorities to reach a fair outcome from your hearing.
Appeals
If you believe the Board of Nursing has taken inappropriate action against your nursing license in response to your DUI, you have the legal right to an appeal. Maybe you went into the disciplinary process without an attorney and don't feel the Board of Nursing took you seriously. Regardless of how you got here, the Lento Law Firm can help. We often help Rhode Island nurses appeal their Board of Nursing disciplinary actions after a DUI.
Rhode Island Nurses Alternative to Discipline Program
Rhode Island nurses dealing with alcohol and substance use disorders may be able to participate in an alternative to discipline program. The program is called the Non-Disciplinary Alternative Program. It allows nurses to avoid formal disciplinary action being taken against their license if they agree to all terms of the rehabilitation-focused program.
At first glance, the Non-Disciplinary Alternative Program seems like a great option, particularly if your DUI is the result of a larger alcohol or substance use issue. Unfortunately, there can be downsides to the Non-Disciplinary Alternative Program. For starters, there are strict eligibility requirements. For example, if you were convicted of any crime related to a controlled substance, whether at the same time or on a different occasion from your DUI, you cannot participate.
Nurses are also fully financially responsible for all costs related to complying with the terms of their agreement under the Non-Disciplinary Alternative Program. This can be the costs of treatment, assessments, and more. Participation in the program also generally means involvement from your employer.
There are plenty of pros and cons to the Non-Disciplinary Alternative Program. Many Lento Law Firm clients have participated in the program. Our Professional License Defense Team can talk to you about whether this may be a good option in your case.
Rhode Island and the Nursing Licensure Compact
Rhode Island is a member of the Nursing Licensure Compact (NCL). This means you can use your Rhode Island nursing license to practice in other states that are part of the NCL. When you have disciplinary action against your Rhode Island nursing license as a result of your DUI, it can impact your ability to practice in other NCL states.
How the Lento Law Firm Can Help Keep Your Rhode Island Nursing License
Having the right legal representation before the Rhode Island Nursing Board can make all the difference when it comes to preserving your nursing license. Our Professional License Defense Team has helped many Rhode Island nurses self-report their DUIs and address DUIs before the Board of Nursing. At the Lento Law Firm, we don't believe your DUI should cost you the career you worked so hard for. Get started with our Professional License Defense Team today; call us at 888-535-3686 or contact us online.
