DUI and Entering Nursing School

Nurses Criminal

Published

Hey all. Preface story of the DUI arrest. You may skip the following if you wish, or read it if you'd like an idea of what happened behind the DUI which in my opinion was completely unfair and unnecessary. Having said that, I learned a great deal about the justice system and DUIs in general through the experience anyway.

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The Story

In December of 2014 I was arrested and pleaded guilty for a DUI in New York - Westchester. Unfortunately it was an unjust arrest. I was not drunk nor did I drink at all that night, and also was not high at the time. I blew a 0.00 on the breathalyzer test. I was pulled over during a checkpoint on the highway. My car smelled like weed because I used to smoke back then. I did smoke around 10pm, a joint between three people and myself. My tolerance at the time was extremely high and if you ever smoked weed and had a high tolerance you would know how a joint is basically nothing after 20 minutes. I was driving a friend home back to his Aunt's house in Yonkers. I tried convincing him to sleep over my house because it was at least a 30 minute commute just going there and it was already 2AM and I had work the next day. He said his Aunt was expecting him back so I figured what the hell might as well just get it over with and get him home. So we're getting off the highway, and that's where the checkpoint happened to be. The officer who was conducting the checkpoint smelled the weed odor from my car and asked me to pull over. Some dialogue was exchanged and he asked me to step out of the car to do a field sobriety test. Now keep this in mind. I drive with glasses, and it is stated on my driver's license that I do. I am also wearing an extremely thin layered long sleeve shirt (white tees are thicker than this shirt i was wearing) in sub 30 degree temperature with nothing but jeans and suede shoes on. He asked me to take my glasses off before doing the field sobriety test. I do as I'm told and take them off. After doing the test he directs me to wait by his cruiser. So I'm sitting on top of the hood, shivering, and I overhear his supervisor and him talking. The supervisor says to the officer who conducted my field test "it's up to you if you want to bring him in." He comes over to me, tells me to put my hands behind my back, cuffs me, puts me in the cruiser and I'm on my way to the Police Station. The entire ride there, I kept asking what part of the field sobriety test did I fail because to my knowledge I did everything they asked without error. All he had to say with an annoyed voice was, "keep your mouth shut, be a good boy, and you'll be home by the end of the night." They gave my friend a ride the rest of the way to his Aunt's.

Fast forward to my court dates. I call up lawyers, my sister's friends who are lawyers, and they all said they can fight the case but they were all charging at least $3,000-$5,000. I was not working full time and did not have enough money to afford one. My parents were extremely disappointed in me, and wouldn't loan me the money either. I've spoken to other people who had REAL DUIs, and they all told me with their lawyers they basically got the same sentencing as I did. Except they paid several thousand dollars. So naive me went with a public defender. They dropped my charge from a felony dui to a misdemeanor DUI - Operating Vehicle under influence of drugs / alcohol. They sentenced me to a 1 year conditional discharge and 90 days driver suspension along with the required Drug & Alcohol counseling program. I completed everything and it's in my past but obviously still on my record. I really ****** up by not taking this case to trial. My public defender kept telling me if I tried taking it to trial and lost, I risk going to jail and my plea bargain will be retracted. At the time I was so stressed out I just wanted everything to be over with so I ended up taking the plea bargain.

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So I've just been accepted into my school's Nursing Program. I remember them saying if someone had a prior or on-going DUI case, they might want to pull anyone with it aside to discuss what happened. Same goes for anything else that pops up on a background check that they would want further explanation. Immediate disqualifications are those with felonies, especially if they are violent which I do not have. I paid for my background check to be done, and it shows up when I go to view it. It's been about a week since I had my background check done and they haven't called me and I've been in touch through email with the head coordinator/assistant of the program. I think I might email her to ask her if there's any questions or things she would like to discuss about me before moving on. She knows me very well because she's helped me in the past with advisement and other personal things (health problems with my Dad ended up me withdrawing my application the first time). She even told me she put my name out there when the Nursing Department was selecting students to be accepted. I owe her at the very least honesty and transparency. I also want to make sure this won't stop me from beginning the program. I am right now in the middle of getting all my medical documentation together as well as my BCLS certification which needs to be completed by February 19th. I've stopped smoking weed for awhile now and have been clean for a long time. I never drink and drive. Even before the arrest and DUI case. And after going through that entire drug and alcohol program, I'm even more afraid to drink when I know I'll be driving. I had a lot of ***** ups when I was younger but I have learned a great deal from my experiences and matured through them. Do you think I should email her asking if there's anything she wishes to discuss regarding my background check? Or should I let them contact me if they have any concerns or issues? Should I send out a subtle email to make sure everything is okay? I can email her saying that I've scheduled my BCLS course and something like I'm excited to start the program and if there's anything else she'd like let me be aware of please feel free to ask or something sounding similar to that. What do you think?

TL;DR: Misdemeanor - DUI shows up on background check. Got accepted into the Nursing Program. Not sure if I should email one of the head coordinators, who knows me fairly well, asking if she wishes to speak anything about it with me in person? If so, how should I bring it up in email? Do you think it will backfire on me? Should I just leave it be, and if they have any concerns they'll most likely contact me because that's what they said during orientation. I have to complete my medical documentation (Physical and Immunization records), BCLS certification, drug test by February 19th. I'd like to continue getting everything done knowing that my DUI charge won't stop me from beginning the program. Has it stopped anyone that you know from entering/starting a Nursing School program?

Off-topic question: Could I bring my DUI case back into court if I wanted to fight it again after pleading guilty (read pre-face story for details of DUI)? Obviously this is assuming you are not a lawyer or attorney, but if you have any knowledge on this you'd like to shed some light on?

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Anybody :X?

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First, background checks take a good while - I think ours was three weeks.

Second, you really should have ALREADY told her, IMO. Don't tell her that ridiculous, long, drawn out story. It doesn't matter. Say this: I had a lot of ***** ups when I was younger but I have learned a great deal from my experiences and matured through them - but drop the f word, obviously. Take ownership of your screw up, don't blame the cop, don't say that your tolerance was high, so it didn't matter that you had smoked weed. Give her examples of how you've changed (mention the class you completed, etc).

Do not beat around the bush or put out feelers to see how much she knows. Be forward and upfront and take your licks.

Best of luck to you.

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And also, if you really want to be a nurse, stop doing drugs.

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First, background checks take a good while - I think ours was three weeks.

Second, you really should have ALREADY told her, IMO. Don't tell her that ridiculous, long, drawn out story. It doesn't matter. Say this: I had a lot of ***** ups when I was younger but I have learned a great deal from my experiences and matured through them - but drop the f word, obviously. Take ownership of your screw up, don't blame the cop, don't say that your tolerance was high, so it didn't matter that you had smoked weed. Give her examples of how you've changed (mention the class you completed, etc).

Do not beat around the bush or put out feelers to see how much she knows. Be forward and upfront and take your licks.

Best of luck to you.

I did take ownership for my screw up. I completed the program and the courts requirements, I stopped smoking weed altogether and been clean for awhile now, and I got good grades, enough to get into the one of the most competitive programs in the area. This DUI happened almost 4 years ago. I rarely drink, if I do it's for celebratory reasons and knowing that I am not driving home. I don't like alcohol personally. I just don't want to be labeled and not given a chance because of a prior mistake whether I was guilty or not. I'm giving readers such as yourself the whole story behind my DUI case, and if that's ridiculous to you then you could have just skipped reading it and went straight to the TL;DR instead of putting down my side of the story as if it doesn't matter. It's easy to criticize behind a computer screen and not knowing all the facts. A lot of people are wrongfully arrested and put behind bars and that is something people should be aware of. Because it can happen to you, even if you are a law abiding citizen, one day which I hope it doesn't happen, you can find yourself in court defending your case whether it be DUI, Divorce, Child Custody or something else. Listening to both sides of a story is important for perspectives and building good judgement. Not everything is so black and white. However, I will take your advice of being forward and upfront so thank you for mentioning that. God bless.

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So you haven't discussed your DUI with her at all yet? If that's the case, then yes talk to her ASAP. I would have told her the same day she mentioned that she'd probably pull aside people with prior/on-going DUIs, rather than wait for her to find out via a background check. It's better to be upfront and be able to explain what happened face-to-face than have her find out through something else first.

Though I agree with ItsThatJenGirl, in that I wouldn't recommend talking about how it was an unjust arrest or how you were sober because it had been four hours since you smoked weed. Going into that is only going to make it look like you are avoiding blame and responsibility because that's exactly what so many other people say when they get a DUI. Regardless of what your truth is, you have to pay attention to how you will be perceived, and it's far more likely she would see those arguments as negative than agree with you. The program could deny you for a DUI, so you want to come off as best as possible. But if you feel strongly about discussing it all, then go ahead. You do know her better. (You might also want to start figuring out how hard NY's BON is on DUIs for licensure. Some states are very hard on DUIs and make it far more difficult to get your license.)

I doubt you would have an easy time getting your guilty plea revoked: Guilty Pleas and Appeals - Lawyers.com

I don't think you'd have "good cause" in the eyes of the court, but a lawyer would know for sure.

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Specializes in ED.

I think it would be best to talk with a lawyer if you are at all interested in having your case possibly overturned. Though, at least in my state, smoking weed and then driving IS grounds for DUI. From my understanding of New York law (after a short search) you can be convicted of of DWI if you have any amount of marijuana in your blood, which, from your story, you most certainly did. So I do not think a judge would even consider overturning the ruling.

That being said, I do think you should be upfront and honest with the school, I would totally own the situation and not try to play the wrongly convicted card. You want to be able to show what you have learned from this and how you have grown. If you do decide to talk with the coordinator at the school I would set up and appointment and meet face to face. I feel like that would make a better impression than an email.

To answer your other question, yes people can be denied entry into nursing programs because of DUI/DWI. As an early posted said, your state board of nursing can also make it difficult to sit for your NCLEX or hold a license.

I do wish you the best of luck, this seems like a challenging situation.

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So you haven't discussed your DUI with her at all yet? If that's the case, then yes talk to her ASAP. I would have told her the same day she mentioned that she'd probably pull aside people with prior/on-going DUIs, rather than wait for her to find out via a background check. It's better to be upfront and be able to explain what happened face-to-face than have her find out through something else first.

Though I agree with ItsThatJenGirl, in that I wouldn't recommend talking about how it was an unjust arrest or how you were sober because it had been four hours since you smoked weed. Going into that is only going to make it look like you are avoiding blame and responsibility because that's exactly what so many other people say when they get a DUI. Regardless of what your truth is, you have to pay attention to how you will be perceived, and it's far more likely she would see those arguments as negative than agree with you. The program could deny you for a DUI, so you want to come off as best as possible. But if you feel strongly about discussing it all, then go ahead. You do know her better. (You might also want to start figuring out how hard NY's BON is on DUIs for licensure. Some states are very hard on DUIs and make it far more difficult to get your license.)

I doubt you would have an easy time getting your guilty plea revoked: Guilty Pleas and Appeals - Lawyers.com

I don't think you'd have "good cause" in the eyes of the court, but a lawyer would know for sure.

again, i wouldnt be saying that to her. i simply told the story for you, the viewers, to have an idea of what happened. i would be taking full responsibility for my actions and i still do to this day. im not trying to downplay the seriousness of a dui in anyway shape or form. i was however left with a bitter taste in my mouth and realized how much power an officer can ruin someone's life just to meet a quota with poor judgement. outside of this, i will make sure this is brought to her attention or to whomever it may concern so they may discuss this with me if they wish to do so. i am fully aware of what needs to be said. in fact i have a draft ready, and will be sending it later today.

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I did take ownership for my screw up. I completed the program and the courts requirements, I stopped smoking weed altogether and been clean for awhile now, and I got good grades, enough to get into the one of the most competitive programs in the area. This DUI happened almost 4 years ago. I rarely drink, if I do it's for celebratory reasons and knowing that I am not driving home. I don't like alcohol personally. I just don't want to be labeled and not given a chance because of a prior mistake whether I was guilty or not. I'm giving readers such as yourself the whole story behind my DUI case, and if that's ridiculous to you then you could have just skipped reading it and went straight to the TL;DR instead of putting down my side of the story as if it doesn't matter. It's easy to criticize behind a computer screen and not knowing all the facts. A lot of people are wrongfully arrested and put behind bars and that is something people should be aware of. Because it can happen to you, even if you are a law abiding citizen, one day which I hope it doesn't happen, you can find yourself in court defending your case whether it be DUI, Divorce, Child Custody or something else. Listening to both sides of a story is important for perspectives and building good judgement. Not everything is so black and white. However, I will take your advice of being forward and upfront so thank you for mentioning that. God bless.

I apologize for making you feel dismissed regarding your story. I know it matters and it's important to you. It just won't be to the nursing school/Board of Nursing. I think it would serve you well to keep it short and sweet. That was all I was trying to convey.

Good luck.

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I'm going to disagree with the others that responded. If the school doesn't require you to speak about it then I wouldn't. From what you posted it doesn't seem like it is required. I had to submit to a background check prior to starting nursing school and my charges showed up. I was still approved for clinicals and the nursing program and was never asked or required to speak about it. They never brought it up and I didn't think to either. It NEVER crossed my mind.

I didn't bring it up because I am not proud of my past. The only persons I brought it up to were a few clinical instructors that I asked for letters of reference for the board when I was applying for licensure.

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Specializes in EMS, ED, Trauma, CEN, CPEN, TCRN.

It's not just the school that might have an issue, it's the clinical locations - that is usually the sticking point. You need to speak to your school immediately, and don't just ask if they have any issues with you - tell them about the conviction right up front, without the part about you being fine to drive because you developed a tolerance as a regular user of marijuana. Have you also checked with your state board of nursing to see if you are eligible for a license? This is something to deal with up front - don't wait until you get denied clinical placement, or the board refuses to grant you a license. I am not sure how strict your state is, but it's worth checking. Good luck!

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Specializes in NICU.

Well I was in a similar situation as you. I got a DUI in Aug 09. I was told that I wouldn't have a problem getting into nursing school, as long as I was done with everything (IE probation). They wouldn't allow anyone on probation to start the program. So I plead no contest right away to start nursing school as soon as possible. I started nursing school in Jan 2010 without any difficulty. I did get called to the directors office and had to explain (maybe had to write something, don't remember) that I turned my life around and things like that. I've been a nurse 5 years now and I've had no problems. I have a license in 5 states, and the only issue was the aggravation of having to get certified copies of all my paperwork. Some states require things like letters of recommendations and other stuff if you have a record.

Overall, doesn't matter if you truly were at fault, under the influence of weed, or not. Like other posters have said, just explain that you have changed, you're bettering your life, maybe get a letter of recommendation from someone. I don't think it matters if you tell them up front or not, they will see it and call you in. Unless they specifically said "let me know" I don't think it's a problem.

And as far as wondering if you can go to court now after you already plead, I don't think that's possible. Again, I'm not 100% sure, but I think once there's a verdict (in this case, you plead no contest), that's it, no changing it. Good luck to you.

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