Yes. If you are a nurse, midwife or nursing associate and you are charged with drink driving, the NMC expects you to tell it as soon as you can, and to tell it about any caution or conviction that follows. The NMC describes not telling it about a conviction or caution as a clear breach of the Code. It then looks at the circumstances, including any risk to the public and public confidence.
Key takeaways
- Tell the NMC as soon as you can after a charge; do not wait for the court date.
- Offending outside work is assessed on its facts, including the sentence and the circumstances.
- Keeping a charge or conviction from the NMC can cause more problems than the offence itself.
- If alcohol is affecting your health, getting confidential help early protects you and your patients.
Many nurses who are charged with drink driving have never been in trouble before. The shock, the court process and the worry about work can all arrive at once. This article explains what the NMC expects, based on its own published guidance. It is general information, not legal advice, and you will also need advice on the criminal case itself.
Do I need to tell the NMC about a drink-driving charge?
Yes. A drink-driving charge is a criminal charge. The NMC's guidance on criminal convictions and cautions says professionals need to let the NMC know if they are charged with a criminal offence, are convicted or receive a caution while they are on the register. It sets a clear expectation, under the Code, that you tell it about a charge, caution, conditional discharge or criminal conviction as soon as you can.
The NMC's self-referral examples make the same point: a nurse charged with assault does need to self-refer, because the Code (paragraph 23.2) requires you to tell the NMC as soon as you can about any charge against you. By contrast, the NMC says it does not investigate fixed penalty notices for speeding or parking penalty charges. A drink-driving charge is not in that category.
Do I need to tell my employer as well?
Very likely. The NMC points to section 23 of the Code on telling the NMC or your employer about cautions or convictions as soon as possible, and notes that employment contracts are also likely to require you to tell your employer promptly about anything that calls your fitness to practise into question. Check your contract and local policy, and take advice on how to do it.
What does the NMC look at after a drink-driving conviction?
The NMC says it will almost always take a case to a fitness to practise panel where someone has been convicted of a specified offence or given a custodial sentence, including a suspended sentence. In all other cases it looks closely at the underlying circumstances.
For offending outside professional practice, the NMC says it is less likely to need to take action. It will consider whether the behaviour points to deep-rooted attitudinal issues that could pose a risk to patients or colleagues, or whether it could undermine public trust in the profession. It also assesses how likely you are to repeat similar conduct and, if you did, whether people in your care could be harmed.
The sentence the court passes is relevant, but the NMC says it will not always be a reliable guide to how seriously a conviction affects fitness to practise, because the court is there to punish while the NMC is there to protect the public. If it decides the matter is serious enough, it will seek police information to verify the details.
Will the NMC ask about my drinking or my health?
It may look at whether there is something underneath the offence. The NMC's published guidance on convictions does not single out drink driving, but it does look at underlying circumstances and risk, and serious ill-health is one of the types of concern the NMC can consider. The NMC has also said it is developing a bespoke approach to cases involving health concerns such as substance misuse.
If you recognise that alcohol has become a problem, getting help is the most important thing you can do, for yourself first. NHS Practitioner Health is a confidential mental health treatment service for healthcare staff in England and Scotland, with expertise in mental illness and addiction. The NMC lists it among the organisations providing wellbeing support. Your GP can help too.
Our article on health and the NMC explains how health concerns are approached, and looking after your mental health lists urgent and confidential support.
What are the risks of not declaring a drink-driving conviction?
This is where people get into real difficulty. The NMC describes not telling it about a conviction or caution as a clear breach of the Code. Offending after you have joined the register will not affect your entry on the register, the guidance says, but it may affect your fitness to practise if you kept the charge, caution or conviction from the NMC.
If there is evidence that someone was dishonest about criminal offending when they applied to join or renew their registration, the NMC says it will have to carry out a full investigation. Dishonesty is one of the types of case the NMC lists as most likely to result in a striking-off order. A drink-driving conviction that is declared promptly and honestly is a very different matter from one that is hidden.
How do I tell the NMC?
You can self-refer through the NMC website. If you are a member of a union or professional body, the NMC suggests discussing it with them first. Keep what you write short and factual:
- What you have been charged with, and when.
- The court date, or the outcome if the case has concluded.
- Whether you have told your employer.
- Any steps you have already taken, such as seeking support.
- A brief acknowledgement that you understand why the NMC needs to know.
Avoid arguing the criminal case or minimising it. If you intend to plead not guilty, take legal advice before saying anything about the facts. The NMC will then screen the self-referral to decide whether there is good reason to take further action.
What helps if the NMC investigates?
Honesty and early engagement, insight into why the offence matters for public trust in nursing, and evidence of what has changed. That might include a reflective piece, evidence of any support or treatment you have sought, and testimonials from people who know you and your practice.
When should I get legal advice?
Now, and from two directions: a criminal solicitor for the court case, and your union (RCN, RCM, Unison or Unite), professional indemnity provider or a regulatory solicitor for the NMC side. Read do I need to declare a caution to the NMC? and should I self-refer to the NMC? for more on declarations.
The NMC's Careline is free, confidential and independent of the NMC, and available 24 hours a day on 0800 587 7396. You do not need to be in crisis to call.
Frequently asked questions
No. The NMC's guidance says you should tell it as soon as you can if you are charged with a criminal offence, not only if you are convicted. Telling it at the charge stage shows you understand your duty under the Code.
Not automatically. The NMC looks at the circumstances of each case, including the sentence and any risk to the public. It says offending outside professional practice is less likely to need action, unless certain serious factors apply.
No. The NMC's self-referral examples say it does not investigate fixed penalty notices for speeding or parking penalty charges, so these do not need a self-referral. A drink-driving charge is a criminal charge, so it is different and does need to be reported.
Yes. NHS Practitioner Health offers confidential treatment for healthcare staff in England and Scotland, including for addiction, and your GP can help. The NMC Careline offers emotional support at any time.
