Case Result: Michigan RN with DUI Avoids HPRP, Board of Nursing Discipline

Professional:
Registered Nurse

Primary Issue:
A Michigan registered nurse (RN) was convicted of a DUI after being arrested with a BAC of 0.13. The nurse had no prior DUIs or substance abuse-related convictions.

Benefit of Using Chapman Law Group:
The defense of a licensed health professional who has been convicted with a DUI starts with the initial arrest. It is always favorable to retain an attorney who is familiar with both criminal law and professional licensing when faced with a DUI. At Chapman Law Group, our attorneys are well-versed in the intricacies of criminal law and professional licensing to help licensed healthcare providers convicted of crimes.

However, this nurse was already convicted of the DUI when she retained us. The nurse retained our attorneys to protect her nursing license from subsequent discipline that usually results from a DUI conviction.

Immediately after the nurse retained us, we developed a detailed plan to have the client evaluated for a substance abuse disorder, investigated the DUI offense, and reviewed the DUI conviction report. After our investigation, we reported the DUI offense to the nursing board in a way that minimized exposure to adverse licensing action or involvement with Health Professionals Recovery Program (HPRP). The nursing board referred the nurse to HPRP for an evaluation. After receiving the HPRP referral, we assisted the nurse through the steps of HPRP intake and evaluation. The nurse was informed that she needed a three-year monitoring agreement.

After receiving the HPRP’s decision, we immediately appealed the decision and had the nurse evaluated a second time for a substance abuse disorder. Our appeal was successful, and within days the client received a letter from HPRP stating that she did not need an HPRP contract. During this process, the client was able to work as a nurse unimpeded and suffered no adverse administrative action as a result of her DUI conviction.

Result:
Appealed the HPRP referral from the Board of Nursing, and the Board determined that no adverse administrative action was needed.

Areas of Law:
Nursing License Defense
Health Professionals Recovery Program (HPRP)
DUI/DWI

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.