Nurses are one of the very few professional license holders who must worry more about their LVN licenses than their driver’s licenses, when they are arrested for a DUI. The Board of Licensed Vocational Nursing (BLVNPT) can revoke a LVN license for a first time DUI arrest. If you are a LVN with a recent DUI, there are a few things you must know.
DISCLOSURE OF THE DUI ARREST TO THE LVN BOARD
Unlike the majority of the licensing boards, the LVN Board requires that the LVN disclose the arrest within 30 days. You may even receive a letter from the BLVNPT requesting that you send a letter of explanation and copy of the police and arrest report. Please do not do this! You should not make any statements regarding the arrest while the DUI case is still ongoing and it is very possible that you won’t even have access to your police or arrest report within 30 days. An experienced DUI and LVN license defense attorney can handle the initial disclosure for you. Your attorney will explain to the LVN Board that you are not going to make any statements that could jeopardize an ongoing case, but will provide details regarding the outcome of the DUI, once the case is settled. However, you do not want to just ignore the letter or fail to disclose within the 30 days or you will have committed unprofessional conduct.
DISCLOSURE OF THE CONVICTION TO THE LVN BOARD
If the DUI results in a conviction of either a Wet and Reckless or a standard DUI, this must be reported to the BLVNPT. The most critical part of this disclosure is the letter of explanation and ensuring all of the required documents are present. The letter of explanation is where most LVNs make a mistake and either say too much or too little and destroy their chances of getting a citation and fine from the LVN Board. Our attorneys assist in this process all the time and have exceptional results in receiving the least amount of LVN license discipline for our clients.
LVN LICENSE CITATION OR ACCUSATION
Because the conviction of a DUI or a Wet and Reckless is a violation of the Nurse Practice Act, the BLVNPT can file an Accusation calling for revocation of your LVN license. Our attorneys always try to avoid this by handling the DUI disclosure properly and crafting a compelling letter of explanation to get a citation, but sometimes, the Accusations are unavoidable. Know that if an Accusation is filed, we have a 98% success rate in keeping our LVN client’s licenses from being revoked. We are able to reduce the amount of discipline and fines in almost every single case.
RESULTING DISCIPLINE FOLLOWING AN ACCUSATION
If an Accusation is filed against your LVN license, you will very likely be facing some sort of formal discipline from the BLVNPT. The recommended discipline is ALWAYS revocation or suspension of the LVN license, but like I said before, that has NEVER happened to a client of ours for a DUI, not ever. Most likely you will be subject to either probation or a letter of reprimand. A letter of reprimand is exactly what it sounds like and is a great result because there are zero restrictions on your LVN license. Probation, while a pain, still enables you to work and 99% of clients our able to keep their jobs on probation.
If you are a LVN who has been recently arrested for a DUI, please give us a call immediately. We can represent you for the DUI itself. We will help you disclose the arrest, ensuring you are complying with the requirements but not waiving your rights to not incriminate yourself. If there is a conviction, we will help you explain and disclose it to the Board, giving you the best chance of getting a citation and fine and nothing more. If an Accusation is filed, we will defend your LVN license from revocation or suspension and will keep you working. We have defended thousands of nurses with DUIs and have a 98% success rate in keeping our clients LVN licenses! I am 100% confident we can keep yours too.