Chicago, IL asked in DUI / DWI, Employment Law and Health Care Law for Illinois

Q: How will an aggravated DUI affect my nursing job and license in IL?

I'm a nurse with six years of experience working in the emergency department at Northwestern Memorial. I recently received an aggravated DUI charge, and I'm concerned about how this might affect my job and my nursing license. The incident occurred last week, and I have not yet informed my employer or the Board of Nursing. I have an attorney who believes I may receive probation, and I plan to attend outpatient rehab for my alcohol addiction. What impact could this situation have on my employment and nursing license?

4 Lawyer Answers
Theodore J. Harvatin
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A: I believe you have a duty to report that to the IDPFR. There are ways you can get ahead of this and the expert is Fred Nickle. I referred a number of healthcare professionals, mostly nurses, to him, and to a person they’ve been satisfied.

Robert H. Hanaford agrees with this answer

A: Your lawyer should assist you in answering these questions. Their job goes beyond just saying he can get probation. We have more responsibility than that, which exceeds what happens in court. So ask him.

James L. Arrasmith
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A: An aggravated DUI charge can potentially affect both your job and nursing license, but the impact will depend on the specific circumstances and how the situation is handled. In Illinois, the Nursing Board requires nurses to maintain a level of professional conduct, and criminal charges can be reported to the board. Since you work in a hospital, your employer might have policies that require them to take action if an employee is charged with a criminal offense, especially one that involves substance abuse.

It’s important to inform both your employer and the Illinois Board of Nursing about the situation, even though it may feel uncomfortable. Being proactive in communicating your efforts to seek treatment, like attending outpatient rehab, shows a commitment to addressing the issue responsibly. If the board becomes aware of the charge, they may investigate but may also take into consideration the steps you're taking toward rehabilitation and your history as a nurse.

If you’re placed on probation or face other consequences related to your DUI, the Nursing Board may impose sanctions, which can include suspension or a requirement for monitoring. However, many factors will be considered, such as the outcome of your case, the nature of your rehab efforts, and whether you’ve been forthcoming with both your employer and the Board.

James L. Arrasmith
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A: An aggravated DUI charge can have serious implications for both your nursing job and license in Illinois. The Illinois Department of Financial and Professional Regulation (IDFPR) requires licensed nurses to maintain good moral character, and a criminal conviction could lead to an investigation. Depending on the outcome of your case, the Board of Nursing may take disciplinary action, which could include suspension or probation of your license, especially if it’s related to substance abuse.

It’s important that you inform both your employer and the Illinois Board of Nursing as soon as possible. Many hospitals have policies in place that require employees to disclose criminal charges, and failing to do so could complicate matters. Being open about your situation, especially your commitment to outpatient rehab, shows your willingness to address the issue responsibly.

If you’re proactive and show that you are taking steps to recover, such as completing rehab and complying with any court-ordered conditions, it could help mitigate the impact on your job and license. Your attorney can guide you through this process, and you may also want to seek legal advice about how to communicate the situation to your employer and the Board to protect your career.

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