There is never a good time to get arrested for DUI. If you're found guilty of the charges, you could face several penalties, which include fines, community service, imprisonment, the suspension of your driver's license, and more. However, if you are arrested for DUI while holding a Virginia nursing license, the potential consequences are even more severe. Your conviction could also cost you your career.
Are you a licensed nurse in Virginia who has been arrested or convicted for driving under the influence (DUI)? Virginia's nursing laws and the Virginia Nursing Board that governs the profession require the state's licensed nurses to carry high standards in their private lives. They have the power to take adverse action against your license after a DUI arrest or conviction. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online today.
DUI Laws in Virginia
According to Virginia law, anyone over 21 who operates a motor vehicle with a blood alcohol content (BAC) above .08 is impaired and breaking the law. However, BAC is just one potential measure of driver impairment. You can still be arrested and convicted of DUI even if you had a BAC below the legal limit at the time of your arrest. Driving under the influence of any drugs (illegal or prescription) is also prohibited.
The end goal of all DUI laws is driver safety. Because of that, law enforcement officers are trusted with a significant level of discretion in determining whether an arrest is warranted during a traffic stop. Although every state takes DUI seriously and punishes offenders accordingly, Virginia DUI laws are known for being particularly tough. There is no first-offender, diversion plan, or deferred adjudication option.
A first-offense conviction carries a minimum fine of $250 and a one-year suspension of your driver's license. Penalties can increase depending on the circumstances. For example, if the state alleges your BAC was higher than .15, a minimum five-day jail sentence will be added to the standard punishment. Additional penalties may also apply for higher BACs, repeat offenders, and/or cases where a juvenile (person under 17) was in the vehicle when you were arrested.
DUIs While Boating
It may come as a surprise, but Virginia's DUI laws apply to motor vehicle and watercraft operators alike. You can and will be arrested for DUI if law enforcement believes you are operating any watercraft (e.g., boat, jet-ski) while under the influence. The penalty regimen is the same.
Virginia Board of Nursing
The Virginia Board of Nursing licenses the state's nurses and exercises oversight authority over their conduct via powers granted under the Virginia Nursing Code. For the most part, the Board's oversight authority deals with on-the-job conduct by nurses, but the Nursing Code grants the Board the right to suspend, revoke, or restrict a licensed nurse's privileges for other infractions.
The Virginia Nursing Code lists those other behaviors, which include:
- Unprofessional conduct
- Use of alcohol or drugs to the extent that such use renders him (or her) unsafe to practice
A licensed nurse who operates a motor vehicle under the influence of a controlled substance may be guilty of unprofessional conduct. The Board may also view the fact that you used alcohol or drugs to the extent that you were convicted of DUI as evidence that you cannot safely practice your profession. Therefore, the Board can use a DUI conviction as grounds to investigate or sanction your nursing license.
Self-Reporting is Mandatory
For many non-licensed professionals, a DUI conviction is a private matter. However, a DUI conviction could violate several aspects of Virginia's Nursing Code, and it is the Nursing Board's responsibility to determine whether further discipline is necessary. Therefore, you are required to report your DUI conviction to the Nursing Board. Failing to self-report can expose you to additional sanctions and limit your options for a negotiated settlement.
We strongly advise consulting with our Professional License Defense Team before you self-report because they will likely open an investigation. Once that investigation is opened, any information or statements you make to the Board can be used in their investigatory process. Even the answers to what you think are routine questions can be considered in your case. Remember, the Board's questions and procedures may seem routine, but they are not.
The entire process is designed to determine whether your DUI conviction makes you unfit to hold a nursing license. With that in mind, the sooner we begin working with you, the less likely it is that you may inadvertently expose yourself to additional discipline in your statements to the Board.
Virginia's Sanctioning Process
Every Nursing Board has its own method of determining sanctions in cases where licensed nurses are found to have violated the Nursing Code. Virginia uses a scoring process, where each violation of the Nursing Code and any relevant factors (e.g., prior record) are assigned a particular points score. The severity of your sanctions will be determined by the total points count for the code violation and the other factors.
Virginia's scoring system has the following potential outcomes and point scores for nurses who are facing sanctions for the inability to safely practice:
- 0-20 Points- No sanctions, but a monetary fine is possible
- 21-60 Points-Formal reprimand-a permanent memorandum of misconduct on your nursing record
- 61-140 Points-Placing your license on probationary status or deferred suspension (with terms to be set by the Board)
- 141 Points and up-Formal Board Hearing with the possibility of license suspension, revocation, self-surrender
Under this system, the inability to safely practice is worth 40 points alone, and a further 10 points are added to your score if your DUI didn't involve patient care. That's 50 points off the bat, which could leave you looking at a formal reprimand. However, other factors can quickly add points to your score and leave your license hanging in the balance. Some of those factors and corresponding point scores include:
- 50 points if you have had a nursing license suspended or revoked in the past
- 20 points if you have any previous Virginia Nursing Board reprimands
- 15 points if you have previous issues with alcohol or drugs, such as prior convictions for DUI (in any state)
- 10 points if you did not take “corrective action” (e.g., self-reporting your conviction to the board, enrolling in a treatment program) before your point score is tallied
- 10 points if any additional legal action was taken against you (e.g., criminal conviction, civil judgment) due to your conduct
As you can see, it is relatively easy to build up enough points through a DUI conviction to find yourself in front of the Virginia Board of Nursing and facing the loss of your license. This is why we recommend contacting our team immediately after your DUI arrest or conviction. The sooner we can begin analyzing the factors in your case, the sooner we begin planning the most effective possible defense of your nursing license.
Virginia and the Nursing Licensure Compact
The suspension of your Virginia nursing license will effectively end your ability to practice your profession in Virginia for the duration of the suspension. However, there could be additional consequences beyond state lines. Virginia is part of the Nursing Licensure Compact. Under the compact, which covers 41 states, nurses who are licensed in any one of the 41 participating states can practice in all member states without having to get a state-specific license.
This enhances the ability of compact states to alleviate nursing shortages while also expanding employment opportunities for licensed nurses. That's the good part. The bad part is that if your Virginia nursing license is suspended or revoked due to a DUI conviction, the discipline will also apply to all nursing compact states. This means your career could be on the line in a formal Virginia Nursing Board hearing.
Long-Term Consequences of License Discipline
If your license is suspended because of a DUI conviction, the negative impact will outlast the suspension. Even if you decide you don't want to practice in Virginia anymore and apply for a nursing license in another state, their application process will require you to disclose any previous license discipline. If you did have a license granted to you, it may have restrictions that could reduce your responsibilities and earning power.
How The Lento Law Firm Can Help Keep Your Virginia Nursing License
Virginia's administrative rules give you the right to be represented by an attorney at informal conferences or formal hearings that are held pursuant to misconduct investigations. We strongly suggest you exercise that right, but your choice of attorney is critical. Defending licenses against Board inquiries is a nuanced field that differs significantly from the criminal justice process.
First, the Board is not comprised of neutral arbiters like a jury in a criminal trial. It's made up of public employees who view themselves as maintaining the standards for Virginia's healthcare system. If they have reason to believe you are a threat to public safety or cannot abide by Virginia's standards, they can and will sanction your license. Our team has experience successfully convincing licensing boards to find in our client's favor.
We also have experience achieving alternative solutions that will allow you to continue practicing or restore your license. It may be possible to negotiate a consent order with the Board. This is a settlement where you stipulate some violations of Virginia's nursing code in exchange for the board reducing the gravity of the offense or the extent of the punishment.
Depending on the circumstances of your conviction and prior disciplinary history, we may even be able to negotiate a confidential consent order (CCO). This has the same effect as a normal consent order, but it remains a private matter between yourself and the board. The Board reserves the right to consider the information in a confidential consent order in future hearings, but a CCO is a preferable alternative to public discipline.
Other Requirements in Consent Orders
Consent orders are negotiated settlements, and as part of the settlement, the Board may require you to complete certain tasks before reinstating your license. Examples of these requirements could be a psychological evaluation, mandatory addiction counseling, and submitting to random substance abuse testing. Your license may also be subject to restrictions when it is reinstated.
We have negotiated consent orders and disciplinary alternatives with Nursing Boards all over the country, including Virginia. We understand how important your license is to you, and we'll work to get the best possible deal in your case.
We Can and Will Fight for You At the Hearing
We will do our best to negotiate an alternative to sanctions via a consent order, but that's not all we do for you. If we're unable to reach an agreement with the Board, we can and will represent you at the formal hearing. We will call witnesses on your behalf and challenge the evidence against you. There is no way to guarantee an outcome, but we will defend your license to the best of our ability.
Dedicated Virginia Nursing License Defense After a DUI
Getting arrested and convicted of DUI is one of the most difficult things anyone can experience. If you happen to be a licensed nurse in Virginia, the arrest or conviction is only the beginning of your troubles. It's perfectly reasonable to feel nervous about self-reporting your conviction, but it doesn't automatically mean the Board will sanction your license.
You have the right to legal representation in Board disciplinary matters and the quality of your representation makes a difference in the outcome. Our Professional License Defense Team has years of experience helping licensed professionals exercise their due process rights and get fair treatment at disciplinary hearings. You worked hard all your life to get your license.
You owe it to yourself to choose a legal team that has dedicated their life's work to defending people like you. One mistake doesn't have to cost you your career, but you don't have to fight alone. We're here, and we're ready to give you the quality legal representation you deserve. Call The Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online today!
