Already an RN first DUI, board of nursing

  1. 0 Hello,

    I got my first and only DUI in January of this year. It has been a horrendous experience in all aspects and I've had nervous breakdowns related to it also. I feel like my professional career is over although people tell me it's not.
    I'm here for advice from people who might know something about this. I'm not looking for people to judge, or to give opinions on what happened to them on their 3rd DUI or with property damage etc...
    This is a simple DUI and no other charges. I'm fully complying with the court and DMV requirements. I got a letter from the CA BON saying that I may have violated the nurse practice act because of "drugs or alcohol." I can accept the diversion program or not. If I don't accept it, the investigation will continue and could go to the DA. I asked the lady at the board who is covering for someone, "what is there to investigate for a one time DUI?"
    Should I be worried? Some people say yes, some say no. There was no complications to my DUI and I have no other criminal record. Does the board then just investigate that I'm complying with the court orders? Any people who have first hand knowledge of this I would appreciate your comments. Thank you.



    Worried

    P.S. I've been through the mill with this whole mess and will not hire a lawyer for this issue. I just thought of something and wondering if anyone can validate this. The board says that if someone accepts the Diversion program, then all investigations stop. They also say that for a 1st DUI, the Diversion program might not be appropriate. Logic would dictate, then, that if you refuse to go to the Diversion program with a first DUI, you should still be OK.
    Last edit by RNfornow2011 on Jun 13, '11 : Reason: added
  2. Visit  RNfornow2011 profile page

    About RNfornow2011

    Joined Jun '11; Posts: 3; Likes: 2.

    24 Comments so far...

  3. Visit  roser13 profile page
    4
    You have already dismissed this possibility, but I would never venture into any type of dealing with the BON (at least due to an infraction on my part) without an attorney.

    You don't know what you don't know about this issue, since this is your first time. You need someone on your side who does know the inside scoop.
    kiszi, RNMotherBear, Sparrowhawk, and 1 other like this.
  4. Visit  Sun0408 profile page
    2
    Good luck, I would do what ever the BON asked of me to keep my license.. A lawyer may be a very good idea.. I am not sure about CA BON; however, I wouldn't take hear say as "truth" with something as serious as this..
    LL143KnB and AshleyyW92 like this.
  5. Visit  jojonavy profile page
    2
    Not sure if I'm qualified to answer, but I'll give you my experience with a DUI.. I got one in my 1st semester in nursing school (.11 no porperty damaged)... I freaked out thinking that I'm going to get kicked out of nursing school and I won't be able to take my boards. I ended up spending 5K for a lawyer who didn't do squat.

    My worries ended up being unfounded. When I took my boards I just had to send a letter explaining the situation and what I've done to correct/ rehabilitate the behavior. I was able to get probation early terminated and the case expunged. I'll be starting my 1st hospital job this August (Versant New Grad Program)...

    My advice is to not beat yourself up so bad. I know your DUI occured when you are licensed, so the situation is much different. I can't say how the diversion program is, or the investigation, but I'm 100% sure it's not as bad you imagine it to be. I never told my school what happened, and I don't think you need to tell your employer either. Also I learned this myself, depending on the county, you can get early termination after serving just 1 year of your proabation. I asked my lawyer about this and he told me that it was just wishful thinking. I didn't take his advice and went to the judge, who was more than happy to grant my request.
    trixie333 and RNfornow2011 like this.
  6. Visit  traumaRUs profile page
    3
    We can't provide legal advice and we urge our posters not to either.

    To advocate lying or not telling your school or employer is not ethical.

    We do strongly urge you to contact a lawyer - you will never regret the money spent.
    LL143KnB, sirI, and kakamegamama like this.
  7. Visit  RhondaIndyRN profile page
    0
    I agree with all those who suggest you consulting an attorney. You worked hard to get your RN (your livelihood) and need to protect it. Getting information early on could have spared you from all of your emotional pain.

    Take care,

    Rhonda
  8. Visit  Elleveein profile page
    2
    This just happened to a friend of mine (RN in CA) I was sooo scared for her we cried together, first time DUI never been in trouble. She got an attorney he fought it, got it reduced and no action by the board was taken NO diversion her license is active . Please, Please consider an attorney.
    MaiKhuat and trixie333 like this.
  9. Visit  luvthegsp profile page
    3
    This is a simple DUI and no other charges
    There is nothing simple about getting a DUI! You chose to put the lives of everyone around at risk.

    At a minimum you should have your license revoked for 5 years to drive home the severity of the choice you made.
  10. Visit  Bruin's Mom profile page
    0
    Quote from traumaRUs
    We can't provide legal advice and we urge our posters not to either.

    To advocate lying or not telling your school or employer is not ethical.

    We do strongly urge you to contact a lawyer - you will never regret the money spent.

    Ok, I think this was a little harsh; however, I think this person is looking for support, duh? I am truly sorry this happened to you. We are all human and everyone makes mistakes. If you have not hired an attorney at this time, I would definately consider it.
  11. Visit  traumaRUs profile page
    3
    My comment about lying was directed not at the OP but rather the poster that stated they didn't report their DUI to the school and the OP shouldn't report it to their employer either.

    Not harsh, unethical if one chooses to lie.
  12. Visit  Bruin's Mom profile page
    0
    Quote from traumaRUs
    My comment about lying was directed not at the OP but rather the poster that stated they didn't report their DUI to the school and the OP shouldn't report it to their employer either.

    Not harsh, unethical if one chooses to lie.
    I'm sorry, usually I let comments like this go; however, if someone lies it is on them, not on you. No judgement is needed here toward anyone.
  13. Visit  FLmomof5 profile page
    2
    DD was 19 when she was pulled over. Blew a .10. For some strange reason she wasn't arrested for DUI but an old empty wine cooler in the backseat got her an open container charge. The PD took her DL for an "Administrative suspension". (Drinking under 21 can get the suspension till she turned 21.)

    Hired a lawyer. To my DD's luck, the PD didn't show at the administrative hearing so her DL was not suspended. The lawyer had the open container ticket reduced and we paid the fine.

    She was then able to successfully become a Combat Medic and serve 4 yrs active duty and is now in the reserves. She is a MA studying for RN.

    Lawyers are always worth the investment. Imagine how this could have altered the trajectory of her life......
    trixie333 and Hospice Nurse LPN like this.
  14. Visit  sirI profile page
    6
    To address previous comments regarding staff post:

    Advocating lying about anything to do with the criminal hx, especially if the BON and/or Employer state clearly their guidelines, is unethical and something we at allnurses.com will not support.

    The OP never said he/she would lie.

    Others have obviously stated they would and have.

    This is something the site owner wishes not to perpetuate/support.

    Future posts that advise members to be unethical/deceitful in any way will be removed.
    LL143KnB, kaydensmom01, traumaRUs, and 3 others like this.


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