Will a DUI or Drug Possession Arrest Impact My Nursing License?

Florida nurses carry a unique level of responsibility, both in clinical settings and in their personal lives. Even an off-duty incident can raise questions about professional judgment, fitness to practice, and patient safety.

A DUI or drug possession arrest can trigger scrutiny from the Florida Board of Nursing, creating consequences that extend far beyond the criminal courtroom. Understanding how these situations unfold can help you protect your career before a single mistake becomes a lasting professional setback.

How Criminal Charges Can Trigger Board of Nursing Investigations

The Florida Board of Nursing and the Department of Health are tasked with protecting public safety, which means they often review criminal activity involving licensed professionals. Certain charges are more likely to prompt an investigation and disciplinary review.

Common issues that lead to Board of Nursing investigations include the following points:

DUI or Reckless Driving Involving Alcohol or Drugs. Even a first-time offense can raise concerns about judgment, impairment, and patient safety.
Positive Drug or Alcohol Test Results. Failed or refused tests may be interpreted as evidence of impairment or substance misuse.
Drug Possession Charges. Possession of controlled substances can suggest substance abuse or diversion concerns, even if the drugs were for personal use.
Allegations of Drug Diversion or Impairment at Work. These accusations are treated with particular seriousness because they involve patient care and controlled substances access.

These issues can prompt an investigation regardless of whether the conduct occurred on or off the job, and even if the criminal case ultimately results in reduced charges or dismissal.

Self-Reporting Requirements for Florida Nurses & Healthcare Professionals

Florida law requires certain criminal pleas and convictions to be reported to the Board of Nursing. This requirement often surprises nurses who believe that favorable criminal outcomes do not need to be disclosed.

Florida nurses must self-report the following outcomes:

Guilty Pleas. Any guilty plea to a qualifying offense must be disclosed to the Board.
No Contest Pleas. A nolo contendere plea is treated the same as a guilty plea for reporting purposes.
Withheld Adjudication Pleas. Even if the court withholds adjudication, the plea still triggers a reporting obligation.

For example, if a DUI charge is reduced to reckless driving and you enter a no contest plea with adjudication withheld, you still must report the plea. Many nurses assume that reduced charges or withheld adjudication do not count, but failing to disclose can create serious disciplinary exposure.

Working with a professional license defense attorney can help ensure that self-reporting is done accurately, strategically, and with appropriate documentation.

Failure to Self-Report as a Separate Disciplinary Violation

Failing to report a required plea or conviction is itself considered a violation, separate from the underlying criminal offense. In many disciplinary cases, the failure to disclose causes greater damage than the original charge.

Consequences of failing to self-report may include the following points:

Additional Disciplinary Charges. The Board may view nondisclosure as dishonesty or lack of professional integrity.
Harsher Sanctions. Penalties can increase significantly when the Board believes a nurse attempted to conceal misconduct.
Permanent Disciplinary Record Entries. Failure to comply with reporting requirements may remain on your public license record.

Early legal guidance can prevent missteps that escalate a manageable situation into a career-altering disciplinary action.

What Happens When the Department of Health Opens an Investigation

If the Department of Health opens an investigation into your nursing license, you may receive correspondence requesting information, documentation, or a response to allegations. The process can be stressful, and your response strategy matters.

Several potential paths may follow an investigation:

Formal Hearings at the Division of Administrative Hearings

A formal hearing is similar to a trial and takes place before an Administrative Law Judge. In this setting, you dispute the allegations, and the Department of Health must prove its case.

Key aspects of formal hearings include the following points:

Evidence Presentation. Both sides can present witnesses, documents, and expert testimony.
Cross-Examination. Attorneys can question witnesses to challenge credibility and facts.
Recommended Order Issuance. The judge issues findings and recommendations to the Board of Nursing.

Formal hearings are appropriate when you dispute the factual allegations or believe the Department cannot meet its burden of proof.

Informal Hearings Before the Board of Nursing

An informal hearing is a mitigation-focused proceeding where you acknowledge the violation but request reduced discipline.

Informal hearings typically involve the following points:

Mitigating Evidence Submission. You can present character references, treatment records, or proof of rehabilitation.
Board Member Questions. Board members may ask about the incident, insight, and corrective actions taken.
Disciplinary Decision. The Board determines sanctions, which can range from fines to probation or suspension.

Informal hearings may be strategic when the facts are not in dispute and your goal is to minimize penalties.

Settlement Agreements & Consent Orders

Some cases are resolved through negotiated settlement agreements with the Department of Health.

Settlement agreements often include the following terms:

Fines & Administrative Costs. Financial penalties may be assessed as part of the resolution.
Continuing Education Requirements. Additional training or ethics courses may be mandated.
Probation or Monitoring. Conditions may include substance monitoring, evaluations, or supervised practice.

A negotiated settlement can avoid the uncertainty of hearings while limiting the public and professional impact.

How Criminal Cases & Licensing Cases Intersect

A criminal case and a professional licensing case are separate legal processes with different standards and outcomes. A criminal dismissal or a favorable plea does not automatically protect your nursing license.

Important distinctions include the following points:

Different Burdens of Proof. Criminal courts require proof beyond a reasonable doubt, while licensing boards operate under lower standards.
Separate Timelines. Board investigations may proceed independently of criminal case resolution.
Distinct Consequences. Licensing discipline can include suspension, revocation, fines, and public reprimand, even without a criminal conviction.

Understanding these differences can help you make informed decisions about defense strategies in both arenas.

Why Early Legal Guidance Matters for Nurses Facing Criminal Charges

Timing matters when dealing with both criminal charges and licensing investigations. Early intervention can preserve evidence, guide self-reporting, and shape the narrative presented to the Board.

Benefits of early representation include the following points:

Strategic Self-Reporting. Properly drafted disclosures can demonstrate professionalism and accountability.
Coordinated Criminal & Licensing Defense. A unified approach can prevent contradictory statements or strategies.
Mitigation Preparation. Treatment records, evaluations, and references can be assembled proactively to strengthen your case.

Taking action early often leads to more favorable outcomes and reduced long-term consequences.

Protect Your Nursing License & Your Future

A DUI or drug possession arrest does not have to end your nursing career, but ignoring the situation or handling it incorrectly can. Florida’s licensing and disciplinary framework is complex, and the stakes are high for healthcare professionals. Working with experienced legal counsel can help you understand your obligations, evaluate your options, and protect the medical license you worked so hard to earn.

If you are facing criminal charges, a Board of Nursing investigation, or professional discipline, McIntosh Law can help. Call (941) 299-0701 or contact us online to discuss your case and explore strategies to protect your career and reputation.