The consequences of being convicted for driving while intoxicated (DWI) in New Jersey can have long-term impacts on your life, no matter who you are. That said, depending on your career, a DWI can have substantial implications for your future employment prospects.
For example, perhaps you're a nurse practitioner in New Jersey. A DWI conviction could affect your career in major ways, as your job involves treating vulnerable people. A conviction that indicates you have a substance abuse problem could signal to employers that you can't be trusted to perform your duties safely or responsibly. Depending on the circumstances, a conviction might also jeopardize your professional license.
Consider this when seeking attorneys to handle your case. At the Lento Law Firm Criminal Defense Team, offering DWI criminal defense services throughout Garden State, we understand how this legal development can limit your job opportunities. Because we also have experience and knowledge regarding professional license defense, we can defend both your freedom and your career. Learn more by submitting your information through our online contact form or calling our offices today at 888-535-3686.
New Jersey's DWI Statute
In New Jersey, someone commits a DWI if they operate a motor vehicle with a blood alcohol concentration of 0.08 percent or more. However, even if someone's BAC is below the limit, they may still face charges if it can nevertheless be shown that they were driving under the influence of alcohol.
Someone may also be guilty of a DWI if they drive while under the influence of a:
- Narcotic
- Hallucinogenic drug
- Habit-producing drug
Be aware that you don't have to be the one operating a motor vehicle to be charged with a DWI or DUI in New Jersey. If you let an intoxicated person drive a vehicle you own or otherwise control, the police can arrest you.
Potential Criminal Penalties for a DWI in New Jersey
Various factors can influence the criminal consequences of a NJ DWI. The penalties someone may face for a first DWI in New Jersey if their BAC was 0.08 percent or more but less than 0.10 percent are:
- A fine of $250 to $400
- Up to 30 days in jail
Along with the above penalties, a motorist will have to forfeit their privilege to drive in NJ until they install an ignition interlock device in the vehicle they most frequently drive. This device works like a breathalyzer and requires a driver to blow into it to prove they don't have alcohol in their system before they can operate a vehicle.
Penalties for a first DWI are greater if a motorist has a BAC of 0.10 percent or more. In these circumstances, the penalties a driver might face are:
- A fine of $300 to $500
- Up to 30 days in jail
These are the penalties that virtually any driver may face if convicted of a DWI in New Jersey. A nurse practitioner may face additional long-term consequences. This is a factor we account for when representing our clients at the Lento Law Firm Criminal Defense Team.
How a DWI in New Jersey Can Affect a Nurse Practitioner's Career
There are several direct and indirect consequences that may result from a DWI when one is a nurse practitioner in the Garden State. Under New Jersey's nursing laws, if a nurse practitioner is indicted or convicted of a crime that could adversely relate to their practice, such as a DWI, they must self-report the matter to the New Jersey Board of Nursing (or simply “the Board”).
The Board has the authority to take several potential forms of disciplinary action against a nurse practitioner's license if they commit a violation. Examples of actions the Board may take against the license of a nurse practitioner convicted of a DWI include (but aren't necessarily limited to):
- Probation
- Suspension
- Revocation
In some instances, the Board will offer a nurse practitioner the option of enrolling in an alternative to discipline program. As the name implies, this type of program allows a nurse practitioner to avoid official disciplinary action against their license. The program is meant to offer nurse practitioners the support they need when they struggle with substance abuse or chemical dependency issues.
The alternative to a discipline program isn't necessarily right for everyone. Even though it technically allows a nurse practitioner to keep their license “clean” and free of any public disciplinary actions, the requirements of the program may nevertheless be more burdensome than you might realize.
Our Criminal Defense Team at the Lento Law Firm will answer your questions about this topic and more as your case progresses. Without making critical life decisions for you, we can help you weigh the pros and cons of your options when facing Board action.
The Indirect Professional Consequences of a NJ DWI for a Nurse Practitioner
The direct consequences of a DWI for a nurse practitioner may consist of both criminal penalties and Board disciplinary action. However, it's also important to consider the indirect ways a conviction can affect a nurse practitioner's career.
Consider the following examples:
- Damage to reputation: If the Board takes disciplinary action against a nurse practitioner's license, information about said action gets attached to a nurse practitioner's license, making the information available to the public. Thus, a potential employer might have second thoughts about hiring a nurse practitioner if they discover a candidate has been disciplined because they were convicted of a DWI or DUI.
- Affecting work prospects outside of NJ: The Board in NJ participates in the NURSYS system. Most boards of nursing in the country do as well. This system allows nursing boards to share information, files, etc., theoretically allowing nurses to easily get licensed in participating NURSYS states when they move or travel. However, this also means that a nurse practitioner whose license was subject to disciplinary action for a DWI in New Jersey may have trouble getting licensed or finding employment in a new state, as the board in their new home may learn of their past disciplinary issues.
- Harming reputation among patients: There are numerous ways patients could learn about a nurse practitioner's DWI conviction. Naturally, patients may be reluctant to seek or receive treatment from a nurse practitioner who may struggle with substance issues.
Those are just examples. In addition, if a DWI conviction results in a jail sentence, this could negatively impact a nurse practitioner's career, as they won't be able to work during a period of incarceration.
Our goal isn't to frighten you. It's to help you better understand the significance of this matter. At the Lento Law Firm Criminal Defense Team, we're ready to provide defense services meant to guard against the potential long-term consequences of a NJ DUI.
How the Lento Law Firm Can Help: Potential Defenses When a Nurse Practitioner is Convicted of a DWI
Every case is different. At our firm, we review the details of a case to develop and implement the best defense strategy for every client. That means the only way to truly get a sense of how we'll handle your case is to review it with a member of our team. The sooner we can get started on your defense, the better.
That said, it may be helpful to review some of the common defense strategies we might use in a case like this. Examples include:
- Challenging the validity of breathalyzer results: Don't assume that breathalyzers and similar devices always provide accurate readings. These devices have been shown to be inaccurate more often than many realize. Additionally, they require regular maintenance and calibration. We could potentially defend a client accused of a DWI by citing faults with the way the test was administered, by showing that a breathalyzer hadn't been properly calibrated, etc.
- Challenging the reason for a stop: The police can't pull you over for no reason in New Jersey. They must have a valid reason to believe you've broken the law. If it can be shown that a nurse practitioner was pulled over or arrested without probable cause, this can be a strong defense in a DWI case. Similarly, we could show that the police failed to properly inform a client of their rights upon arresting them.
- Challenging the field sobriety test: Field sobriety tests are standardized to ensure accuracy and validity. We can defend a client by showing that the police didn't follow proper procedures when administering a field sobriety test.
Again, that's just a sampling of how we may handle a case like yours. Keep in mind that we can also help with your license defense in various ways, such as presenting mitigating factors to the Board during a disciplinary investigation or hearing.
Contact the Lento Law Firm if You're a New Jersey Nurse Practitioner Facing DWI Charges
Being arrested for a DWI is a stressful experience for anyone. If you're a nurse practitioner whose professional license may be in jeopardy because of a DWI, an arrest can be particularly concerning.
You don't have to face this experience alone. At the Lento Law Firm Criminal Defense Team, we're prepared to fight for your future. Get started today by calling us at 888-535-3686 or submitting your information online.
