For Licensed Vocational Nurses arrested for a DUI, remember the number 3. There are 3 moving parts to every DUI for a nurse: The Criminal DUI, the DMV or the Driver’s License, and the BVNPT with your LVN license. There are also 3 determining factors of the DUI that have the biggest impact on how the BVNPT will discipline your LVN license: the number of DUIs, if there was an accident, and your Blood Alcohol Content. Make sure to download our DUI Ebook, it goes into great detail, but for now let’s focus on the 3 factors that impact your LVN license, since I know that is your greatest concern.
In virtually every LVN with a DUI case we have handled, a second or subsequent DUI arrest and conviction will result in an eventual Accusation being filed against the LVN license by the BVNPT. However, if there is a chance that the second charge and conviction can be reduced to a Wet and Reckless or if the first charge was a Wet and Reckless, we may have a little wiggle room and will have a much better chance of negotiating a Letter of Public Reprimand rather than probation for our clients. Just know, if this is a second DUI for you, the likelihood of an Accusation being filed and formal discipline imposed is high. The good news is that we have never had a client lose their LVN license or even had their LVN license suspended for a second DUI, and I can essentially promise that you will not be the first.
WAS THERE AN ACCIDENT WITH THE DUI?
An accident coupled with a DUI arrest makes it pretty easy for the BVNPT to show that you were “using alcohol in a manner that was dangerous to yourself or others,” which is a violation of the Nurse Practice Act and cause for action in a formal Accusation being filed against your LVN license by the BVNPT. Even single vehicle accidents, like you hitting a parked car or a mailbox, is enough for the BVNPT to show you are a public risk. If the BVNPT can easily establish a public threat, they are more likely to file an Accusation against your vocational nurse license. However, just like with a second DUI, we have never had a licensed vocational nurse lose their LVN license or have it suspended for an accident during a DUI. You are likely to have an Accusation filed, and be given a Letter of Public Reprimand or Probation, but you will not lose your LVN license.
WAS THE BAC ABOVE .16% AT THE DUI?
If your DUI was a first offense and there were no accidents, then the biggest factor that will determine the BVNPT action will be your BAC level. There is a tipping point at .15%. Anything below a .15% and there is an excellent chance that our DUI attorneys will be able to negotiate a Wet and Reckless conviction, opposed to a DUI conviction. This is HUGE, because a Wet and Reckless properly disclosed to the BVNPT within the requisite time frame has resulted in a Citation and Fine from the BVNPT and nothing more in 99.9% of cases. The .01% when an Accusation was filed, was because there was also an injury- inducing accident. Even a DUI conviction with a BAC below a .15% gives you a very high chance of the BVNPT issuing a Citation and Fine in lieu of an Accusation.
A BAC above a .16% means you were double the legal limit of .08% and so, just like with an accident, it makes it very easy for the BVNPT’s attorney to establish that you were “using alcohol in a manner that was dangerous to yourself or others.” The likelihood of the BVNPT filing an Accusation against your LVN license increases exponentially for each .01% above a .16% and you are essentially guaranteed an Accusation for a BAC above a .18%.
We have been successful on 2 cases, negotiating a Citation and Fine for a client with a BAC of .17%, but to date, nothing higher. Once again, regardless of how high your BAC was… and I have seen them as high as .27%… we have not ever had a client have their LVN license revoked or suspended for a DUI.
WHAT ABOUT THE DUI TRIFECTA OF ALL 3?
We have defended thousands of Licensed Vocational Nurses with DUIs, at all 3 stages: the criminal level, the DMV level and most importantly the LVN license level and we have NEVER HAD A CLIENT LOSE THEIR LVN LICENSE OR HAVE IT SUSPENDED, even for a moment. And yes, we have had a case where our client had a trifecta: a second DUI, with a BAC over .18% and was involved in an accident.
HOW WE CAN HELP AN LVN WITH A DUI
If you are a licensed vocational nurse and have been recently arrested for a DUI, please know that we can and will help you keep your LVN license. Our criminal defense attorneys are absolutely unique in the legal field because they are equally experienced and successful LVN license defense attorneys, as well. You get an attorney who defends you at the DUI level whose major concern and overall goal is to protect your LVN license at the end of it all. I am proud to say that our team of attorneys has a 98% success rate in keeping our LVN client’s licensed and able to continue with their nursing careers. If you are looking to save your LVN license following a DUI, please give me a call or fill out the online submission form and I will be in touch.