1st DUI Deferred by Courts but BON Still Suspended My License

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I receiced a DUI on 1/1/2011; this was my first/last DUI, totally embarrassing and humiliating. I self-reported to the BON of Indiana. I completed a year-long program with the county and my charges were deferred in 1/2012. I did not complete the monitoring program with the BON as I could not afford it. I informed the BON I could not afford the testing (Started out at $84/test, then increased to $100/test) in 12/2011. I was dropped from the monitoring program and therefore losing my position as an ICU RN. I have been unable to find any position (been in medical field since 1987) and I cannot find any type of job with anyone! I have lost my car, I will be homeless by Saturday, I lost my career, I lost my checking/savings account, and now I have nothing. How can the BON get away with this? I was not at work, wasn't going to/from work, never been drunk at work! I have met many nurses since then who have asked me, "Why did you self-report?" A lot of these nurses have 1-3 dui's over a number of years and have never gone through the hell I have! I need some legal advice, but I have nothing...I am so tired and so disillusioned...Any advice would be helpful?! I am/was my only support with a disabled child - anyone?

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Our state will automatically suspend your license for failure to report ANY criminal violation other than a minor traffic citation. You did the right thing. Those nurses may get away with it in the short-term, but they are risking revocation of their license vs suspension if caught...not worth it.

How often did they ask you to test? Surely that was cheaper than losing your job and your license. That is one of those things in life where you find a way to come up with the money...no matter how inconvenient it is. I cannot imagine them asking for a test any more than monthly at most.

I understand your pain and trust me, it's only because of sheer luck on a couple of evenings of bad choices that I am not sitting in the same boat you are (lesson learned on my part).

I am pretty legal savvy but I am not familiar with what you mean by "deferred" charges. Expunged means it is no longer on your record and not reportable or searchable (and contrary to what very often appears on this board...expungements are not required to be disclosed unless the application states that expungements are required to be disclosed and you are only going to see this on a state or federal application. That is the purpose of the expungement and why they are difficult to get). Dismissed means they threw the charge out (but the arrest record may remain). Deferred sounds like the conviction shows up on your record but they would reinstate the sentence if you received another DUI.

However, the BON didn't suspend your license because of what happened in the court system. They suspended your license for failure to comply with the program they laid out for you. "Deferred" doesn't sound like "dismissed"....it is still a conviction, therefore, it sounds like a reasonable request of the BON.

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Thank You for your quick response! Deferred is what they use here in this state instead of dismissed. But I have to disagree with this being a reasonable request of the BON - we are not living in a communist country, I have never had an occurrence before and why did they just test me a couple of times a week at their expense? I explained to the BON at a hearing I could not afford the testing, I was then informed by the board they have a program for nurses who can't pay and to ask about it. I drove back to my city and emailed the monitor of the state nursing program requesting assistance. I never heard back from them and emailed them again in 5 days regarding a response; I was informed via email I was dismissed from the program. This is not reasonable to me. I was a great nurse with no other incidents/situations. I find it hard to believe the BON is without their own faults and life is way too short to deal with this kind of silliness. I appreciate your feedback and life does move forward - Thank You!

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I know it did not occur at work but the BON figures if you can get one outside of work, then you can come to work drunk, etc. I personally did not even have a DUI, no drug use, or drug diversion. I have a mental illness and I self medicated with alcohol (on my own time) and I still had to do the monitoring program. The BON is not there for your protection, they are there for the protection of the public.

The board would never pay for your drug screens. It's rough but it's something you have to do. I will eventually have to do drug screens at 50 bucks a pop as many as 3 times a week. From what I understand, it eventually eases up when you start having many negative drug screens and are in compliance. In addition to the screens, I also have to pay for my psych appts (both psychiatrist and therapy) and the gas to travel about 45 minutes away for Caduceus meetings every week.

I think I would have tried to move to a different state with a program that is more affordable. I am surprised your state let you keep your job. My state tells us we can't work in health care until we are cleared, which means after boards, I will be getting a non-health care job to pay for screens and then, eventually, I can work in health care (which I would actually keep my side job as something to do other than nursing).

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Since you tried to address the issue, I would seek out legal aide, to address the board. But i have to ask, why you couldn't afford the testing, if you were working full time? were you in a lease on an appt that you couldn't get out off, a mortgage etc...because it is totally illogical to not pay.....and lose your income.....good luck

Thank You for your quick response! Deferred is what they use here in this state instead of dismissed. But I have to disagree with this being a reasonable request of the BON - we are not living in a communist country, I have never had an occurrence before and why did they just test me a couple of times a week at their expense? I explained to the BON at a hearing I could not afford the testing, I was then informed by the board they have a program for nurses who can't pay and to ask about it. I drove back to my city and emailed the monitor of the state nursing program requesting assistance. I never heard back from them and emailed them again in 5 days regarding a response; I was informed via email I was dismissed from the program. This is not reasonable to me. I was a great nurse with no other incidents/situations. I find it hard to believe the BON is without their own faults and life is way too short to deal with this kind of silliness. I appreciate your feedback and life does move forward - Thank You!
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Thank You for your quick response! Deferred is what they use here in this state instead of dismissed. But I have to disagree with this being a reasonable request of the BON - we are not living in a communist country, I have never had an occurrence before and why did they just test me a couple of times a week at their expense? I explained to the BON at a hearing I could not afford the testing, I was then informed by the board they have a program for nurses who can't pay and to ask about it. I drove back to my city and emailed the monitor of the state nursing program requesting assistance. I never heard back from them and emailed them again in 5 days regarding a response; I was informed via email I was dismissed from the program. This is not reasonable to me. I was a great nurse with no other incidents/situations. I find it hard to believe the BON is without their own faults and life is way too short to deal with this kind of silliness. I appreciate your feedback and life does move forward - Thank You!

The reason they don't want any testing done at their expense is substance abuse is the #1 reason why nurses lose their license or have them suspended and/or revoked. If you have to do drug testing through the court system, or have an alcohol monitor on your car...guess who pays for that? Not the state...you would.

But how often did they want you to test?

At minimum, I would ask to see a written portion of their policy that requires you to report an arrest. In my state, you are not required to report an arrest.....only convictions. That is because we live in a country where you are innocent until proven guilty.

However, there may be some exceptions...such as even though your charges were dismissed, the BON may be treating the dismissal as a conviction because you only received it after going through a state program.

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Would have been alot cheaper to finish your program. Did you not know what was going to happen to you when you quit? I hate it for you but it is what it is. We all make beds we have to lay in, suck it up and deal with it.

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Specializes in CRNA, Finally retired.

The take-home lesson that's been stated so often on this board is HIRE A LAWYER!!!! No lawyer would have advised to leave the program. The board is there to protect the public from people too sick to make reasonable decisions. Maybe the monitoring program would make you sign up again and re-start the clock. I believe something is missing in your story because one DUI does not usually put one's life the toilet.

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I know in Indiana nurses are asked very specific questions regarding criminal activity on license renewal applications. One of the questions is worded in such a way that it asks about whether you have been charged with any crime (not just convicted-even if the charges are dropped you have to report it).

Dropping out of the Monitoring Program is labeled noncompliance-no matter what the reason unfortunately. If your license is supended, my suggestion is follow your Board agreement to the letter that will outline how long you will be suspended for and how long you will have to maintain full, complete compliance with monitoring before you can petition for reinstatement. Yes, that will mean re-enrolling in the monitoring program and your monitoring agreement may be longer this time. If you have a license on probation, same thing-follow the Board Orders and your RMA to the letter.

Hopefully, as everyone has suggested, you could also retain an attorney to assist you with this. I am sorry you are going through this and I wish you the best.

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I know in Indiana nurses are asked very specific questions regarding criminal activity on license renewal applications. One of the questions is worded in such a way that it asks about whether you have been charged with any crime (not just convicted-even if the charges are dropped you have to report it)[/QUOTE]

Charged and arrested is the same thing...you cannot be arrested without being charged with something.

People shouldn't confuse detained and arrested...they are not the same thing. You cannot arrest someone in the USA without charging them with something.

This is why people need an attorney if they have questions before they fill out these applications.

Expungements differ by state, but traditionally, in most states, BOTH the arrest and the conviction records are sealed...that means, there is no record that the incident (arrest, conviction, sentencing) even happened.

If you are given a legal expungement, the judge will typically give you instructions at the time it is ordered what that gives you the right to do. In most states, it means that if you come accross a question on an application that askes if you have been charged, arrested (however they word it), you can ANSWER NO to the question. Board of Nursing or not.

There are VERY FEW exceptions to the rule. Most people on here do not even understand how expungements work...once a record is sealed it is sealed...EVEN THE PERSON WHO GOT ARRESTED doesn't even have access to it anymore.

In a neigbhoring state to mine, for example...if you are applying to the state to be licensed as an RN, let's say you had an arrest and conviction and the BON asks if you been arrested...you can answer "no" to the question if you have had a TRUE expungement.

However, in that same state, let's say you are applying to be a nurse practitioner and desire prescriptive authority. On the application it states, "You are required to list all arrests and convictions, even if the record has been expunged"....that is an IMPORTANT difference...that means that the state does not permit a record to be sealed for the purposes of gaining prescriptive authority...then it would be for the states to battle it out if the record was actually sealed in another state (because one state cannot require another state to unseal a record).

Does that make sense?

That is why it is IMPORTANT for people who have been charged and convicted to understand EXACTLY what their sentence means and what they can and cannot do. You can shoot yourself in the foot if you disclose something you don't have to disclose.

I'm not giving legal advice...this information can be Googled by anyone....but my brother has been a lawyer for many years and these are very difficult, very precise concepts to understand.

That is why it greatly disturbs me when questions are posted from people that have expunged records are filling out applications to the BON for licensing and people that have zero legal knowledge post "oh, honesty is the best policy...you had better disclose the arrest/conviction"....no, it is not..the best policy is to pay an attorney for a consultation so you will know what you are LEGALLY REQUIRED TO DO FOR YOUR PARTICULAR STATE.

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Specializes in Education, FP, LNC, Forensics, ED, OB.
the best policy is to pay an attorney for a consultation so you will know what you are LEGALLY REQUIRED TO DO FOR YOUR PARTICULAR STATE.

Exactly correct.

allnurses.com cannot advise you in the manner that you need. OP, you stated you needed legal advice and we cannot give it to you. You need to contact an Attorney.

We wish you well.

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