How Our Florida Criminal Defense Lawyer Can Protect Your Nursing Career and Your Future
Understanding How a DUI Can Affect a Florida Nursing License
As a Florida Criminal Defense Lawyer, I have represented many registered nurses and nursing students facing the devastating reality of a DUI arrest. In Florida, the consequences of a DUI go far beyond the courtroom. For anyone holding or applying for a nursing license through the Florida Board of Nursing, a DUI can jeopardize your professional future, your reputation, and your financial stability.
Florida law views licensed healthcare providers as professionals held to a higher standard of conduct. The Florida Board of Nursing operates under the Department of Health and enforces statutes designed to protect public trust in the medical field. Even a first-time DUI can trigger a review of your “moral character,” leading to disciplinary actions, probationary licensing, or denial of your RN license application altogether.
When you are facing such charges, you need a private attorney who understands both criminal defense and professional licensing matters. I work to keep my clients’ records clean, minimize penalties, and help them move forward without losing their careers.
Florida Statutes That Affect Nurses with DUI Charges
Two primary statutes govern disciplinary actions for nurses and other healthcare professionals in Florida: §456.072 and §464.018 of the Florida Statutes. These sections outline the Department of Health’s authority to discipline licensees for criminal conduct and impairment issues.
Florida Statute §456.072(1)(c) states:
“Failing to report to the board, or the department if there is no board, within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, a crime in any jurisdiction which directly relates to the practice of, or the ability to practice, a licensed profession.”
Florida Statute §464.018(1)(c) similarly provides:
“Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of nursing or to the ability to practice nursing.”
This means that even if adjudication is withheld or you receive a reduced sentence, the Board can still discipline you for a DUI arrest or conviction if it deems it relevant to your ability to safely practice.
The Board also considers Florida Statute §456.0635, which addresses criminal convictions that can disqualify applicants from obtaining healthcare licenses. DUI offenses can fall under this statute when accompanied by aggravating factors such as repeat offenses or substance dependency concerns.
The “Moral Character” Evaluation and Nursing License Applications
When applying for your RN license in Florida, you must undergo a background screening through the Agency for Health Care Administration (AHCA). This process includes fingerprinting and a review of your criminal history. If you have been arrested or convicted of DUI, the Board will review your moral character and decide whether your past conduct demonstrates unfitness to practice nursing.
The Board will ask you to disclose:
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The date and location of your DUI arrest or conviction
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The court disposition
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Whether alcohol or drugs were involved
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Evidence of rehabilitation or treatment
Failure to report the incident truthfully can be far more damaging than the DUI itself. Honesty, paired with proactive legal defense, can make the difference between licensure approval and denial.
As your attorney, I work to mitigate the impact of the arrest early in the process by negotiating with prosecutors, gathering evidence of your good character, and presenting your case to the Board in a professional, persuasive way.
How the Florida Board of Nursing Handles DUI Cases
A DUI conviction will trigger a mandatory review by the Florida Board of Nursing’s Probation Committee. The Board can impose penalties such as:
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A formal reprimand
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Administrative fines
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Mandatory substance abuse evaluations or treatment
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Probation or suspension of license
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Denial of initial application for licensure
The Board’s primary focus is public protection, but it also considers rehabilitation. Demonstrating that you are not impaired and have completed counseling or educational programs can help limit the penalties imposed.
A private attorney with experience in DUI defense and professional regulation can help you present mitigating evidence and negotiate for the least restrictive outcome possible.
Real Case Example: Protecting a Nurse’s Future
A 28-year-old nursing student in Orlando was arrested for DUI after leaving a graduation celebration. Her blood alcohol content was .10, just above the legal limit. She had no prior record and feared the charge would destroy her chances of obtaining a nursing license.
I immediately filed motions to suppress the breath test, citing improper administration under Florida Statute §316.1932, which governs implied consent. The arresting officer had failed to properly advise her of the consequences of refusal. The court ruled in our favor, and the breath test results were excluded.
With the key evidence suppressed, the prosecution agreed to reduce the charge to reckless driving under Florida Statute §316.192, allowing my client to complete a short-term alcohol education course and community service. She was later approved for her RN license after we provided evidence of rehabilitation and community involvement.
This case illustrates why having a private defense lawyer is critical. Without aggressive representation, this young woman could have faced career-ending consequences before even entering the profession.
Defenses to DUI Charges That Can Protect Your License
The best way to protect your nursing license is to prevent a DUI conviction in the first place. There are numerous legal defenses available, depending on the facts of your case:
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Unlawful Traffic Stop: If the officer lacked reasonable suspicion to stop your vehicle, all evidence gathered afterward may be inadmissible under Florida Statute §901.151 (Stop and Frisk Law).
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Faulty Breathalyzer Results: Breath testing devices are prone to calibration errors, operator mistakes, and improper maintenance, all of which can invalidate results.
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Lack of Probable Cause for Arrest: The officer must have sufficient grounds to believe you were impaired. Poor driving alone does not prove impairment beyond a reasonable doubt.
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Improper Field Sobriety Testing: Field tests are subjective and can be influenced by fatigue, medical conditions, or uneven surfaces.
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Refusal to Submit to Testing: Even if you refused a test, that does not guarantee a conviction. We can challenge whether you were properly informed of your rights.
A skilled attorney can use these defenses to have evidence excluded, charges reduced, or cases dismissed entirely, preserving both your record and your nursing license eligibility.
The Administrative Side: Reporting and Licensing Hearings
If you already hold an RN license, you are required to self-report any DUI conviction within 30 days to the Department of Health. The Board of Nursing may then open an administrative case under Chapter 120, Florida Statutes, and you will have the right to a hearing before an administrative law judge.
At these hearings, I present mitigating evidence such as:
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Letters of recommendation from employers or professors
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Proof of treatment, counseling, or rehabilitation
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Community service records
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Continuing education or compliance with monitoring programs
The goal is to show the Board that the incident was isolated and does not impair your ability to provide safe, competent care. Having an attorney represent you ensures your statements are consistent with legal strategy and that no admissions are used against you later.
The Florida Intervention Project for Nurses (IPN)
If your DUI involved alcohol or drug impairment, the Florida Board of Nursing may refer you to the Intervention Project for Nurses (IPN). This program provides monitoring and support for nurses with substance-related issues but also imposes strict conditions.
While participation can help you avoid license revocation, it can also be intrusive, requiring random testing, therapy, and employer notification. I guide my clients through this process, ensuring that participation is voluntary and that their rights are protected throughout.
Why You Need a Private Florida Criminal Defense Lawyer
Public defenders do not handle the professional fallout of a criminal case. Only a private defense lawyer with experience in both criminal and administrative law can provide the full protection you need.
I handle every aspect of my client’s defense, including:
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Fighting the DUI charge in criminal court
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Communicating with the Florida Board of Nursing
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Preparing mitigation packets for the licensing review
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Advising on disclosure statements and background checks
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Appearing at administrative hearings
Your nursing license is not just a credential; it is your livelihood. One mistake should not define your entire career.
Why Early Legal Action Is Essential
The sooner you hire legal representation, the greater your chances of minimizing damage. Within 10 days of your DUI arrest, you can request a formal review hearing to challenge your driver’s license suspension under Florida Statute §322.2615. Winning that hearing can help demonstrate to the Board that your case involved procedural errors or weak evidence.
Moreover, early intervention allows your attorney to collect video footage, witness statements, and maintenance logs from breath test machines before they are lost. Timing can determine whether your case ends in dismissal or conviction.
Protecting Your Record and Reputation
A DUI record can appear on background checks conducted by hospitals, nursing schools, and state agencies. Expunging or sealing your record under Florida Statute §943.0585 or §943.059 can restore your privacy and protect future job opportunities.
If your charge was dismissed or you received a “withhold of adjudication,” you may be eligible to have your record sealed. This is a critical step for nurses seeking to protect their professional reputation.
As your attorney, I prepare all necessary petitions and court documents to ensure your record is cleared at the earliest opportunity.
Florida DUI Penalties That Can Affect Your Career
Under Florida Statute §316.193, DUI penalties can include:
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Up to 6 months in jail for a first offense
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Fines ranging from $500 to $1,000
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Mandatory DUI school and community service
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License suspension
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Probation or ignition interlock device
While these penalties are serious, the long-term career damage can be worse. Employers, licensing boards, and credentialing committees may interpret a DUI as a lack of professional judgment. My role is to prevent that outcome and protect your livelihood.
FAQs about DUI Impact on Nursing Licenses – Florida Criminal Defense Lawyer
How does the Florida Board of Nursing find out about a DUI?
The Florida Board of Nursing conducts mandatory background checks through the Florida Department of Law Enforcement and the FBI. Any arrest or conviction, even if adjudication is withheld, appears in these checks. Additionally, nurses must self-report criminal convictions within 30 days. Failure to do so may lead to additional discipline under §456.072.
Will a first-time DUI automatically prevent me from getting my RN license?
Not necessarily. A first-time DUI is often viewed as a lapse in judgment rather than a chronic issue, especially if there is evidence of rehabilitation. Completing DUI school, community service, or voluntary counseling can strengthen your application. However, each case is reviewed individually, so an attorney’s guidance is critical to ensure your application demonstrates full rehabilitation.
Can I still work as a nurse while my DUI case is pending?
Yes, but you must disclose the arrest if you are already licensed and comply with any reporting requirements. Employers may conduct their own internal review, and some may temporarily suspend you pending case resolution. Having an attorney communicate with your employer and licensing board can help prevent unnecessary career interruptions.
What if I refused a breath or blood test?
Under §316.1932, refusal to submit to testing can result in an automatic license suspension, but it can also limit the prosecution’s evidence. I often challenge whether officers properly advised clients of their rights under the implied consent law, and many cases have been reduced or dismissed as a result.
How can an attorney help during the license application process?
An attorney can help you draft your disclosure statements, present mitigation evidence, and communicate directly with the Board of Nursing. I often prepare supporting documentation, such as letters from employers and proof of rehabilitation, to demonstrate that my client is fit to practice.
What happens if I already hold a nursing license and am convicted?
You must report the conviction within 30 days. The Board may place your license under probation, require participation in the Intervention Project for Nurses (IPN), or impose fines. I assist clients in negotiating the most favorable terms, often preventing license suspension or revocation.
Can I get my DUI record expunged?
Yes, if your charge was dismissed or dropped, you may petition the court under §943.0585 for expungement. If you received a withhold of adjudication, you may be eligible for record sealing under §943.059. This step is vital to protect your privacy and future employment prospects in healthcare.
Is the Intervention Project for Nurses mandatory?
It depends on your circumstances. If alcohol or substance abuse is suspected, the Board may recommend IPN participation. This program focuses on monitoring and recovery but can be time-consuming. I ensure that participation is voluntary when possible and that program conditions are fair and reasonable.
Can a reduced charge help save my nursing career?
Absolutely. Reducing a DUI to reckless driving under §316.192 often prevents the professional stigma and licensing consequences associated with DUI convictions. Prosecutors are more likely to agree to a reduction when the defendant is represented by a skilled private attorney with a solid mitigation strategy.
What should I do immediately after a DUI arrest if I am a nurse?
Call an experienced defense lawyer right away. You only have 10 days to request a hearing to challenge your license suspension. Early legal representation also allows us to begin building your defense, gathering evidence, and protecting your record before the case progresses.
Speak With Our Florida Criminal Defense Lawyers Today
DUI Impact on Florida RN License Application: Protect Your License and Your Future
If you are a nurse or nursing student facing a DUI arrest, you need immediate legal protection. A conviction can follow you for years, affecting every license renewal, job application, and background check. I understand what is at stake and know how to fight for your record, your reputation, and your right to practice.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation - Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.