Nurses accused of driving while intoxicated (DWI) in New Jersey face two different but related sets of problems. First, of course, they must defend themselves against the charges they are facing and penalties that can include hefty fines, jail time, and restrictions on their ability to drive. Second, they will also be required to disclose their arrest and any conviction to the New Jersey Board of Nursing, and they may face discipline from the BON that can affect their nursing license and their ability to make a living as a nurse.
If you are a nurse who has been arrested for DWI, you need the help of an experienced criminal defense attorney. At the Lento Law Firm, our Criminal Defense Team understands what it takes to defend against DWI charges in New Jersey. And because our attorneys also defend nurses accused of misconduct by the New Jersey Board of Nursing, we can help you protect your license even in the face of a DWI arrest or conviction. Call the Lento Law Firm's Criminal Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation to discuss your case and learn more about how we can help.
DWI Law in New Jersey
New Jersey's DWI law penalizes anyone who is found to have been operating a motor vehicle with a blood alcohol concentration of 0.08% or above, with lower limits applying to commercial drivers and drivers under the age of 21. Consequences of a conviction can be severe, depending in particular on whether it is a first offense or a second or subsequent offense.
If convicted (or you plead guilty) to a first offense, depending on the level of alcohol in your blood or if you were found to have been operating a vehicle while under the influence of certain drugs, you can face penalties that include:
- Up to 30 days in jail
- Fines and fees of between $250 and $500
- A license suspension of up to one year
- An obligation to install and use an ignition interlock device
Convictions or guilty pleas for a second, third, or subsequent violation can be even more severe. Depending on your case, you could face
- Up to 180 days in jail
- Fines of between $500 and $1000
- A license suspension of two to ten years
- An obligation to install and use an ignition interlock device
Implied Consent Issues
In New Jersey – as in every other state – if you are driving and are arrested by a police officer who has probable cause to believe you have been driving while intoxicated, you are deemed to have consented to be tested to determine your blood alcohol content. In most cases, that means taking a roadside breathalyzer test, but in some cases, you may be asked to submit to blood or urine testing as well. While you can't be forced to take a test, if you refuse, you face hefty fines (from $500 to $1000) and a license suspension of anywhere from seven months to 10 years, depending on if you've previously refused to take a test when requested.
Nurses and DWI
Nursing is a stressful occupation, and unfortunately, it is not unusual for nurses to find themselves charged with DWI. When this happens, in addition to the penalties that can be imposed by the courts, the New Jersey Board of Nursing is able to impose disciplinary sanctions up to and including revocation of the nurse's license.
Alternatively, in appropriate cases, nurses can agree to voluntarily participate in the BON's Recovery and Monitoring Program (also known as RAMP). Whether to agree to participate in RAMP is something that each nurse needs to consider very carefully. The requirements of the program are rigorous, and you can anticipate that you will not be allowed to work as a nurse for a substantial period of time – until the RAMP program approves your return to work. Even then, you will likely have to comply with ongoing monitoring requirements if you wish to maintain your license.
Other Nursing Issues to Consider When Facing a DWI Charge
It is sometimes possible to negotiate with the BON for limited sanctions to be put into place while your court case is pending. This can be one way to make sure that you meet any obligation to disclose DWI arrests to the BON while still being able to fully defend yourself against the allegations.
Even the question of whether to disclose pending DWI charges to the BON is one that an experienced attorney can help you with. The Lento Law Firm's Criminal Defense Team includes licensed defense attorneys who are familiar with these kinds of issues affecting nurses and can help you decide whether and to what extent you need to disclose DWI charges to the BON in order to meet your obligations under New Jersey law.
Pleas in DWI Cases
After years of being banned by Municipal Court guidelines in New Jersey, plea agreements are now allowed in New Jersey DWI cases. This means that prosecutors have the discretion to enter into plea agreements with defendants charged with DWI, and that being charged with a DWI does not mean you will necessarily face either an either-or situation: either your case is dismissed, or you are guilty of DWI (whether because of a conviction or a plea). There may be another option. For example, your attorney may be able to negotiate a plea to a different driving-related charge, such as reckless driving – depending entirely on the circumstances of your case and all up to the discretion of the prosecutor.
The issue of plea bargains in DWI cases is a sensitive one. Critics argue that giving prosecutors the discretion to accept pleas to other traffic violations instead of pressing for convictions or guilty pleas to DWI has the potential for abuse. On the other hand, there are many cases where drivers with clean records who recorded blood alcohol levels just at or slightly above the 0.08% limit may benefit from a more lenient outcome.
When you work with one of the experienced attorneys from the Lento Law Firm's Criminal Defense Team, we will examine all options when it comes to defending you against the DWI charges you're facing. When a plea agreement may be the best way to resolve your case, we will negotiate with prosecutors for a plea that will be acceptable to both you and the prosecutor.
Of course, not all DWI charges are legitimate. Police make mistakes when they stop drivers, administer breathalyzer tests, preserve and handle evidence, and process arrests. Our experienced attorneys understand that you have rights at each stage of your case – rights that we will fight to protect. When those rights are violated, whether intentionally or as a result of mistakes made by police or prosecutors, it can lead to the dismissal of charges against you or a favorable plea offer from prosecutors. This is why we carefully review every fact in your case and pay close attention to each step that police and prosecutors have taken on the path to charging you with DWI.
The Lento Law Firm's Criminal Defense Team Can Defend You Against DWI Charges
As a nurse facing a DWI charge, you have even more to lose than other people who are charged with DWI who do not hold a professional health care license. The fact that you have been charged with DWI can affect your license, and conviction can result in your license being suspended or even revoked. Even if you avoid discipline by entering the New Jersey Board of Nursing's RAMP program, it can be months or longer before you will be allowed to return to work as a nurse.
This is why it's so important to be working with a criminal defense attorney who understands the dual problems you face as the result of a DWI charge. The Lento Law Firm's Criminal Defense Team includes attorneys who regularly defend nurses and other licensed professionals from disciplinary charges that relate to criminal charges they are facing. We understand the delicate balance involved in defending against criminal charges while also having to resolve disciplinary cases brought against our clients.
We are here to help protect your rights and defend you against both the DWI charges you are facing and any disciplinary charges that may result. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys.
