Denied NCLEX by CA BRN due to two DUI's-HELP! - page 3

Hi. I live in CA and recently recieved a letter from the BRN stating they are denying my application to take NCLEX due to 2 DUI's from 02 and 03. My case has been sent to the attorney generals office... Read More

  1. by   paracaptusa
    If you are charged with a New Jersey DWI, and you are a doctor, nurse, lawyer, teacher, pilot, or other professional, you may have added concerns about the effect of a NJ DWI arrest or conviction on your profession.
    DWI in New Jersey is not a criminal offense. It is a traffic offense, only. This is different than how 48 other states treat DWI/DUI. However, that does not reduce the severity of the charge and resulting effects in New Jersey. There is still loss of driving privileges, fines, and significant surcharges.
    Because DWI is not a crime in New Jersey, it is not reported to criminal databases, such as the NCIC or National Crime Information Center, and will not be discovered during a criminal background check.
    So, when someone asks, "Have you ever been arrested for or convicted of a crime?"-as it pertains to a DWI arrest in New Jersey, the answer is "no".
    If the question is, "Have you ever been arrested for or convicted of a serious traffic offense?"-with regard to the DWI arrest in New Jersey, the answer is "yes".
    Unless your profession has alcohol related reporting requirements, then there are usually no repercussions regarding the DWI arrest or conviction. In my twenty years as a DWI attorney in New Jersey, I am aware only of FAA requirements for pilots to report DWI arrests on their medical forms.
    This doesn't mean, of course, that no disciplinary consequences can result from a DWI arrest or conviction to one's employment.
    Recently, a lawyer was disciplined after he pled guilty to a DWI and leaving the scene of an accident. He was also charged with fourth degree assault by auto, which is a criminal offense, because of the rear-end accident he caused. Because he left the scene of an accident and was charged criminally, the Attorney Disciplinary Review Board found that he violated a rule of professional conduct that says that commission of a criminal act that reflects adversely on an attorney's honest, trustworthiness and fitness, requires discipline.
    This was an unusual circumstance, but, should serve as notice to any professional to thoroughly analyze the DWI arrest and conviction scenario that is specific to his/her circumstance with a qualified DWI attorney.
  2. by   Clovis559
    Old thread, but new issue to me. I am in the same boat. About to graduate in one year, and because of my Dui and situation I'm more than certain to get denied the Nclex. From what I gather I can enter into a stipulated agreement and be put on probation for 3 years. I'm fine with all of that. I'm a tech and my boss is great she already has a job for me even with the probationary status, she already knows. My question is... When does the probationary period start and end? Does probationary status start when the BON approves you? Does the 3 years continue even if you aren't employed? I'm determined to be a nurse and if I have to jump through hoops for three years I'll do it. I have a decent job and decent income for the meantime. As much as it sucks I can't leave CA and nursing is my dream. 3 years probation is fine FOR ME, for my stupid mistake so long ago, as long as I'm able to get a license and get off probation... Eventually...
  3. by   jazzstew
    Hello all!

    I am currently in the same situation. Its 2016. I have read all of the post and would like to know if anyone could provide me with an update on what happened with their ability to take the nclex due to two dui's. I just started a nursing program and would like to know what steps i should take so i dont hit a roadblock when its time to take the nclex.
    Thank you.
  4. by   Mattdog35
    Hello Jazz. I'm in similar boat and have also been browsing through all the invaluable info on these forums. Just wondering if you had trouble getting into an RN program. I got into a So. Cal program but was pushed back a year due to a recent(12/15) wet reckless charge. Very disappointed and worried at my potential for a career in nursing.
  5. by   xdrowe
    Quote from Chris408
    It looks as if I am on the same path as you except I had one prior DUI on my record. I guess I too should be expecting a letter denying my application. In regards to agreeing with the stipulations, I agree. If you take the agreement, how will you be able to find a job in California especially with the job market? It really doesn't make any sense to me. From the best of my knowledge, if you take the agreement, you cannot apply for a job outside of CA and you are on probation for 3 years. Someone I know just told me if you appeal, you should not have to pay. This is all the information I was able to gather within the past hour of researching. I'm on the same boat and worried that my application is going to get denied. The past two weeks i've been studying for the NCLEX, thinking my application would be approved after sending all requested documentation. It's discouraging to hear that it's close to impossible to get approved.
    What ever happened with you? Did you get your license?
  6. by   xsnwx
    I applied in CA for my nursing license. The process took a long time and I had to keep giving them more and more information. I had 3 DUI's from almost 3 years ago. I submitted a letter from a psychiatrist that specializes in drug and alcohol that stated that I was fit to be an RN and saw no problems with me as I've been in treatment with him for almost 2 years now. They let me take the NCLEX once but have not been able to find out if I passed because they won't release the information. After fighting the BRN for so long, I was denied my license and I must wait a year to apply again in CA. They have certain criteria they want met. I was told I should get my duis expunged. It's been very frustrating. I have even work as a CNA for almost 2 years as well and haven't had a problem. If you apply, be prepared to do a lot of waiting. I'm still trying to figure out what to do next. I will be an RN however and I'm not giving up.
  7. by   Tig34
    Hello, what was the outcome?
  8. by   ginny2704
    Any update from you would be SO appreciated.
  9. by   WCURN2b
    OK so I posted on this forum before and a lot of you don't follow up with what happened so I wanted to follow up with my case for anyone wondering. I had two DUI's one in 2008 and another in 2013 while i was in nursing school. I graudated 2015. Just recently last week took my NCLEX two years after graduating and I ended up getting a good pop up (PVT Trick to find out if you passed your NCLEX or not for those of you who are not aware of what it is). I'm currently working with a lawyer. BRN offered me probation with 1-19 however, I hired a lawyer to rule out 14-19 which involves random drug testing, attending AA and nurse support group meetings, mental and physical examination and evaluation. I attended AA and NSG meeting and did my own drug test to show the attorney general that I am working towards improving myself. You need to gather a mitigation packet which is a packet with letter of recs, AA meeting, NSG meeting, lab results of drug tests and psychiatric/addiction evaluation to show the board that you are competent be a nurse. After all said and done, my lawyer sent in the mitigation packet and the attorney general still declined the rule out and still wants probation 1-19. So we're going to counter negotiate with 1-19 for the first year of probation and after the first year, do a rule out of 14-19. I'm waiting to hear back from my lawyer to see what the attorney general says. IF they still decline, then I'm just going to agree to probation 1-19 for three years and you have a chance to possibly request for early termination of probation after the first year. I work for a hospice company and my boss said she'll be willing to hire me as a case manager (probation rule states you cannot work for hospice or home health if it requires you to do direct patient care WITHOUT another nurse present). So I'm hopeful something good comes out of it.

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