Hello Fellow nurses and soon to be nurses,

I am currently a LVN in California I am in Rn school about to finish. I made a horrible, terrible mistake and drove after I had been drinking. I wasn't pulled over, didn't have an accident or anything. I idiotically decided to go to the store after drinking a few glasses of wine. I had worked a night shift the previous night hadn't eaten and was probably dehydrated. Anyway, I started feeling dizzy and pulled off next to the grocery store, got off the car and asked for help as I felt my self fainting. when I came too I was in the ambulance, with CHP asking me to take a Breath test to which I complied. Next, I was taken to the hospital and was asked to take a blood test and was being asked a bunch of questions. At this point I felt as if I was digging myself in a hole and started to question the police about my rights and what where the consequences of my answering the questions. No one could give me any answers so I refused the blood test- after which they obtained a warrant. After a couple hours they came back with the warrant which then I complied with the order. Mind you they were not very happy with me, because now I was asking questions and questioning their tactics in the hospital. After all that and being cleared in the hospital.I was put in jail and released in the morning, called a friend and paid $250 to get my car out of the impound (btw, this is jus the beginning of the financial consequences) and took my sorry behind home.

For 3 days I was was so depressed, I couldn't get out of bed, I called off work, didn't go to class and just cried. On the 4th day I decided not to give up on the dream I had been working for so long. After all this is my second career and more important the career I have always wanted. This is the career God has led me to. I am a nurse that really loves being in the hospital and I really enjoy helping people and making them feel better when I can and supporting them when I can't. I decided I AM NOT GIVING UP!

I have hired 2 attorneys. One is a DUI/criminal attorney and the other is a Licensure administrative attorney, her expertise is with the nursing boards here in California. I hired them after speaking with both extensively about my case. The DUI attorney is a flat 3k and to retain the Licensure attorney was 1.5k. This will be on top of all the fines and expenses of the DUI it self. I already received a letter from the BVNPT, it literally is dated 2 days after my arrest. So for me paying for these attorneys was a no brainer.

I am writing this because I was in dire need of help a week ago when I got my DUI. I am in no way proud of my situation and have been kicking myself since it happened. However, doing that doesn't help me or my situation. Being proactive and working to correct my wrongs is helping. I will be updating progress and the results as I go along. I don't know if I will be helpful at this point about answering questions since I am early in the game, but I will be happy to share the information I have acquired from my attorneys so far.

Wish me luck!

Are you familiar with the implied consent that most states attach to having a drivers license? By virtue of accepting your drivers license, you agree to take blood or breath tests if required. If you refuse a blood or breath test, your license can be suspended. I am sure your attorneys have discussed that with you if it pertains to your state. I learned about this as an ER nurse, and this was often new information to the people that the police brought into our ER for legal blood draws. Some refused to the test, in which case they went straight to jail, but many decided to roll the dice and hope that their level was low enough by that point to have a lesser charge.

Good luck with your case!

I may be wrong but I believe the Supreme Court struck down implied consent for blood tests in 2016. Implied consent for breath tests stands. A warrant is required for anything else.

DO NOT GIVE UP!!!

You put yourself in a horrible position but this doesn't have to be a fatal wound. It's gonna leave a hell of a mark and hurt but you can survive this. Many of us do. I'm glad to see that you got representation. Do yourself a favor & keep your mouth shut and do exactly as they say!!! I truly, truly wish you luck. Get ready to roll with the punches and do a whole bunch of stupid stuff that you don't want to do but this asinine process gives you a way to save what you worked so hard for.

I may be wrong but I believe the Supreme Court struck down implied consent for blood tests in 2016. Implied consent for breath tests stands. A warrant is required for anything else.

Interesting! Thanks for the info. I stopped working at the bedside in 2016 so I must have missed that change. :)

Thank you so much for your kind words. I messed up.. but that doesn't take away from me loving nursing and doing my job whole heartily.

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