Legal Blog

While a DUI can negatively impact anyone’s job, Nurses and other licensed professionals need to be very careful. A standard criminal attorney may be able to get a favorable outcome with the prosecutor, but this could hurt you when it comes time to report the offense to the Pennsylvania Nursing Board. By working with a defense attorney who also knows how to protect people’s professional credentials, you can usually fare a lot better.

For example, a Philadelphia Nurse was charged with DUI after striking multiple cars and recording a high BAC. She quickly retained attorney Fienman, who resolved the criminal case with a straightforward admission to ARD. While ARD made her eligible for an expungement, the complications came from the nursing Board. She was initially presented with the option to participate in the Voluntary Recovery Program (VRP). The main benefit of VRP is that once completed, the matter remains confidential and not visible on your professional record. However, VRP is a fairly challenging diversion program that can take up three years and includes substance abuse evaluations, treatment, and random screenings.

If the professional declines to participate in VRP, the Nursing Board has the option to move forward with initiating a disciplinary action that typically involves an evaluation from a doctor hired by the nursing board. If the results are unfavorable and the Board’s decision is not in your favor, it can end with having your license revoked.

After much counsel, the client eventually decided to decline VRP and roll the dice with how the Board would proceed. As Mr. Fienman anticipated, the Board decided to initiate disciplinary action against her license and ordered her to undergo a substance abuse evaluation. The evaluation concluded that she did suffer from an addiction disorder and would require treatment to continue practicing as a nurse.

Ultimately, attorney Fienman negotiated to a consent agreement, so she could keep her license. This involved admitting to certain facts and agreeing to treatment and monitoring. The conditions were ultimately very similar to VRP without the benefit of making the record confidential. By working with Fienman Defense from the start and despite the client taking her chances, attorney Fienman was able to resolve the criminal case quickly and still protect her license from being revoked.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.