(732) 582-5076Providing Aggressive Legal Representation for Individuals Charged DWI or DUI on a New Jersey Military Base
Under New Jersey law, anyone in the nursing profession must have a valid nursing license to provide medical care to patients and perform various roles. The New Jersey Board of Nursing (BON) regulates the state’s nursing profession by ensuring that nurses meet specific qualifications and protecting the safety and welfare of patients.
First, you will not appear in Municipal Court. Rather, the case will be heard before a Federal Magistrate, sitting either at the Fort Dix/McGuire Joint Base Court or at the Federal District Court in Newark. Second, you will not be prosecuted by a part-time Municipal Prosecutor, but either an Assistant United States Attorney or a Judge Advocate General’s office (JAG).
Subsequently, alcohol and drug cases are a particular concern for the BON. One of the overall goals of the BON is to protect the general public from harm and hold nurses to a higher standard. As a result, the BON takes a tough stance on any New Jersey nurse who has been accused of DWI, DUI, or substance abuse.
A nurse’s license may be suspended or revoked without adequate legal representation from a New Jersey DWI defense lawyer after a DWI or DUI arrest. Additionally, New Jersey requires anyone seeking to become a nurse to report a DWI or DUI arrest and/or conviction on their nursing license application. Nurses who are already licensed must report a DWI or DUI arrest and/or conviction on any license renewal form.
If you have been charged with a DUI offense, you must hire a nursing license defense attorney who will fight to help you protect your ability to earn a living and professional reputation. Contact The Hernandez Law Firm, P.C. of Toms River, NJ, and ask to schedule a free consultation with our experienced attorney, who can assess your case and determine what legal strategies will address your legal needs.
Why is Reporting a DWI or DUI Arrest to the Nursing Board So Important?
The New Jersey Board of Nursing takes its mission to protect public safety very seriously and has set stringent guidelines for licensed nurses. One of the most critical mistakes a nurse may make who has been arrested for DWI or DUI is failing to report the incident to the board.
The failure to disclose a DWI or DUI arrest or conviction on a nursing license application or renewal is considered misconduct under New Jersey law. Failure to disclose an arrest or criminal conviction may result in being penalized with a nursing license suspension, revocation, or probation period.
Most of the sanctions imposed against New Jersey nurses in these cases are for the failure to report rather than for the DWI, DUI arrest, or conviction itself. Typically, the BON will want to see the police reports, any chemical test results, and the case’s final disposition.
The idea of reporting a DWI or DUI to the nursing board can be frightening due to the potential penalties that you may face. For this reason, anyone who has been arrested for drunk driving or being under the influence of a controlled substance must hire a nursing license defense lawyer who will fight to protect their legal rights. Contact our law offices today to schedule a free, confidential consultation to learn more about how we can help.
What Aggravating Circumstances Lead to Disciplinary Actions Against Nurses?
When aggravating circumstances are linked to a nurse’s DWI or DUI case, it is more likely that the New Jersey State Board will take disciplinary action. Aggravating circumstances may include:
- An excessively high BAC (blood alcohol content) level at the time of the arrest
- The use of drugs – prescribed or not – that impair mental or physical abilities
- Prior DWI or DUI convictions
- A DWI arrest immediately before or after a work shift
- Any criminal charge filed along with a DWI or DUI charge
Any of the above-listed issues can lead to severe disciplinary actions that can result in license suspension. However, regardless of the factors involved in your case that could be considered aggravating circumstances, the best choice is to report the incident immediately to the BON. Failure to report criminal charges promptly can negatively affect your case.
Finally, you must hire a DUI defense lawyer who will fight to protect your professional license and help you obtain a favorable outcome to protect your career.
What Disciplinary Actions Can the Board of Nursing Take Against Nurses Accused or Convicted of DUIs?
Often, the first disciplinary step that the Board of Nursing takes is requiring the nurse to enroll in the Recovery and Monitoring Program (RAMP), which supervises New Jersey nurses as they seek treatment and counseling. Other measures may include:
- Probation: The BON may allow a nurse to work during a probationary period, but during this time, the nurse must refrain from alcohol or illegal drug use, attend alcohol and drug treatment and counseling, and consent to random drug and alcohol screening
- License suspension: A failure to report triggers most nursing license suspensions, but a suspension may also respond to aggravating circumstances in a DWI or DUI case. If the evidence shows that a nurse was impaired while working, a suspension is probable
- License revocation: In extreme cases, the BON will revoke a nursing license. Repeat convictions or continuing and ongoing drug and alcohol abuse will almost certainly lead over time to a license revocation
It should be noted that once the nursing board has issued a disciplinary action, it becomes a matter of public record which can follow you for the rest of your professional career. Because of its negative impact on your life, anyone faced with the disciplinary process must have a skilled nursing license defense lawyer on their side.
Why is it Essential for Nurses to Have Legal Representation After a DUI Offense?
Due to the severe consequences that can arise from a DWI or DUI arrest or conviction for a licensed nurse, anyone facing charges must hire an attorney immediately. Not only is the individual at risk of possible jail time or losing their driver’s license, but they also risk losing their ability to earn a living.
If you are found not guilty of DWI or DUI or your case is dismissed, the Board of Nursing will probably not take disciplinary action against you. That’s why good legal help is so essential in these cases.
New Jersey DWI defense lawyer Steven W. Hernandez is the author of “New Jersey DWI Defense, the Law & Practice,” the book used by DWI lawyers throughout the State of New Jersey.
Steven W. Hernandez has effectively represented nurses in DWI and DUI cases for over fifteen years. His consistent record of success on behalf of his clients speaks for itself. Having good legal help can make all the difference between retaining your license or possible license revocation.
You should not have to lose your nursing license because of one instance of poor judgment. If you are a nurse in New Jersey and have been arrested for DWI or DUI, contact the Hernandez Law Firm P.C. at (732) 582-5076 to schedule a free consultation or reach us by completing the contact form here on our website.