Already an RN first DUI, board of nursing

Nurses Criminal

Published

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.

Specializes in Education, FP, LNC, Forensics, ED, OB.

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.

Up Vote Up Vote ×
Specializes in emergency, oncology.

I would contact a lawyer.

While I think you should be punished for your poor choice... I personally feel you are punishing yourself.

We all make mistakes and I hope nothing severe happens to you.

Just be open and honest. A lying nurse appears to be more likely to lose their license then an honest one (I live in NY). Lawyers are expesnive but I have seen cases change by the meer mention of a lawyer being involved.

Up Vote Up Vote ×

I wish to thank all of your for your posts even if harsh.

To Allnurses.com STAFF, thanks for sticking up for me and reiterating that I would not lie. On my renewal for licensure, I checked the box about a "new criminal record." I also have stated this on all job applications.

To the rest of the posters, I do appreciate your comments about getting a lawyer and I will think about that. The thing is I've already gone to court, and was convicted, and I'm just finishing up my CA mandatory driving class. I have decided not to do the diversion program after having lengthy discussions with a couple BON workers, and also reading the BON's FAQs. I will wait and see the next step but I will try to maintain optimism.

To the poster that thinks I should have my license taken away for five years, I didn't mean you to interpret my words of "simple DUI" as minimizing it. I just didn't how else to state that it was a DUI without property damage, deaths, children involved etc... Next time I will say that it was a DUI without "aggravating factors."

I will update you all as things happen. Meanwhile, I'm needing to work and jobs aren't coming to me like they used to :( The sad thing is that I didn't lose my job because of this. I QUIT!! That was probably the 2nd stupidest thing I have ever done in my life, the 1st being the DUI.

Thanks again for all your support.

Up Vote Up Vote ×
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.

How does this response help anybody? The OP stated in many ways that s/he's already dealth with enough judgement from others, so not only are you being insensitive, you're also repeating something that has been said MANY times before and are therefore wasting valuable space on this forum.

If you're angry about other things in life, I would suggest some time to reflect and to consider what can be done so that you can feel strength without having to talk down to others.

Up Vote Up Vote ×
Specializes in Med-Surg/ Tele/ DOU.

I'm sorry to hear that you quit. I understand how difficult it is to find a job with todays job market. It was only after I had my case expunged that I was able to get a hospital job. Hopefully you can look into getting your probabtion terminated early and get your case expunged. It could be easier. The county I got my dui was suppose to be more stearn than others but still granted the request. In LA, a classmate of mine was able to get her probation terminated in just 3 months.

As for lying about not telling my school, it was an omission in my part, but I think it was within my rights to do so. I did eventually tell my school and I found them very supportive, but it was my choice to not tell them immediately. I've lived with that decision and stick behind it. My life was in enough turmoil as it was and part of me wanted to quit school... I was getting false information from everywhere that made it more stressful ... Still not sure if you have to tell your job about the DUI initially. At that moment it's between you and what the board decides. If the board does decide to take action then yes, I believe your employer should be notified.

There's varying degrees of DUI's, and you need to look at the context of the case when you make judgement. The court ruled to expunge the case, the BON granted me a license, my school was supportive and through it all I was able to graduate with high honors. I won't go into the specifics about my DUI, but just to say I was put in a bad situation, and made a poor decision. I've truly learned from that mistake.

My experience with a lawyer was fruitless, but that's my own experience I was sharing. From what I read, everyone else is going from hear say, so it's up to the reader to weigh it.

Up Vote Up Vote ×

I am not a nurse or in nursing school but the feedback that I am about to give you comes from nurses and doctors that have been in your situation before:

1) Yes, you should be concerned, scared, etc....

Your license is at stake so why should you not feel this way

2) You need an attorney. Find one that specifically works with saving professional licenses.

3)- Voluntarily enroll yourself in an alcohol/substance abuse program. This will let everyone know that you are sincerely sorry about what happened and that you are making steps to ensure this does not happen again. This will help you build a strong case in saving your license

4) Learn from this experience and don't ever ever repeat. Consequences get worse for repeat offenders.

Up Vote Up Vote ×
Specializes in LTC, MDS, plasmapheresis.

I am in AZ, also have had a CA license for years but never lived there. DUI (simple) last year- after 6 months of back and forth, CA sent me a warning letter that if I get into trouble in the future, my license will be subject to revocation or other action. It reports as 'clear/active'. Lots of staff turnover in the board, don't hold your breath. I feel your anguish, BTW- you are one of only 250,000 DUIs in your state every year, and the laws continue to become more Draconian. Hold your head up- 80% of Americans drive impaired, lots get arrested and lots more do not. It's one lonely journey, eh? Be glad you caused no harm- CA BON told me that is a criteria of big importance in their decision. As far as a lawyer, you surely know by now that they cannot help you. Provide the BON every piece of legal paper you have, and a detailed letter explaining your arrest, that's what I did. BTW- a hospital adminstrator in SOCAL told me more than half of all nurse applicants at his place have either a DUI or drug arrest, and he laughed when I told him what AZ does to nurses with a simple DUI. Keep your chin up. (Actually- these postings of advice are helping me grieve through my own situation- it's been a year and I am still stunned at the repurcussions of my DUI).

Up Vote Up Vote ×

Update?

Up Vote Up Vote ×

Hello I was just wondering if you had any new info regarding your case? I am in the same boat at this time and stressing the outcome.

Up Vote Up Vote ×

Hello, interesting conversation. I'm also wondering what eventually happened and if you would be please be willing to share.

Up Vote Up Vote ×

Get an Attorney who specializes in these cases so that you can be certain you are making the right decisions on how to proceed. Your career is definitely not over my friend! There are many RNs i personally know of who are practicing in California with DUIs. You just need to own your mistake and take action to remedy the situation. Everyone makes mistakes. This is not an issue or moral turpitude.

Up Vote Up Vote ×

Hi please contact me and please give me the lawyers name

Up Vote Up Vote ×
+ Add a Comment