Just got a DUI. Need info/help. - Page 3Register Today!
- Feb 23, '12 by princess papooliI do not know for a fact that the CA BRN does not recommend diversion for nurses with DUI, but in my nurse support group we have approximately 20 nurseswho are there for just that: a DUI. Again, would you like your RN license to have that you were diciplined & your potential employer be able to read your hearing details? Your arrest and it's details will be attached to your license. With diversion, it remains confidential. It isn't pleasant, but it does get easier, especially if you do not have a drinking problem, just this one lapse of judgement. The difficulty lies in the hoops you must jump through.
Again, I can only stress that you consider self- reporting rather waiting for this to catch up with you. And don't count on your union rep to assist you: this is about violating the law (drunk driving) and public safety, which is why your union, as well as an attorney can't help you (again, the nurses of my support group's experience). additionally, working in a state / county hospital puts you in another difficult stop; while you are off work, you access to unemployment or disibility benefits are difficult to access.
California has one of the toughest programs for nurses, thanks to Arnold S. (take a look at his life now-karma), but it's do-able. Just set your mind to it.
- Feb 23, '12 by zorabanksI don't know why you would drink and drive but I pray that you never do it or never have to do it again. A lady just lost her life this week after a drunk driver hit her head on. The drunk driver walked away....Good luck with keeping your nursing license.
- Feb 23, '12 by zorabanksGood Luck!
- Feb 24, '12 by somepartsamThanks so much everyone. How much time do I have to "self-report" if my license doesn't expire for 2 years?
- Feb 24, '12 by Patti_RNI'm not only a nurse, but went to law school, so I'll offer some other considerations. First, as I and virtually everyone here suggested before, hire an attorney. Lawyers take oaths and have a legal responsibility to advocate for their clients. This is not true of union leaders, supervisors, or well-meaning friends. I've read some of the advice you've been given on this board and I'd not take a word of it as gospel. Different states have different laws and even within the same state rules change, judges change, laws are more or less enforced. It's a very dynamic process. Even if your neighbor had the exact situation you experienced, his/her outcome could be dramatically different from yours depending on minor circumstances (who the judge is, what the current climate is in the community with DUIs, how he/she and you present yourself, etc., etc.) You're torturing yourself with worry over anecdotal stories and misinformation. You could land anywhere on the spectrum from losing your license, spending time in jail, and having your name published in local newspapers to getting a slap on the wrist and no one otherwise penalizing you.
I'm not giving legal advice; this is strictly situational advice. But, the first thing you should do is get an attorney. The second thing is to stop soliciting advice in any other way. It may seem paranoid, but you have no idea who monitors this discussion board and it's very possible that posting your story here could be the avenue to having your employer aware of your DUI. Even though you use a screen name, people can put together locations, details from other posts and stories you've shared and know exactly who you are. And, every email sent, every website you visit can track your IP address and others can use this to discover your identity. Ditto for sharing the story with 'close friends' at work, in your neighborhood or even in your family.
Get on the phone, call the Bar Association and get a referral... or open the yellow pages and find an attorney who specializes in DUIs and another employement lawyer (hopefully at the same firm). Stop discussing your case with anyone else.
- Feb 25, '12 by princess papooliYou need to do this immediately.
You sound like you want to keep this a secret until your license expires. Wrong choice. Like I posted before, your fingerprints are already on file at the BRN when you first either tested for your license or when you were accepted into nursing school. The law enforcement agency which arrested you has them in the state data base. It is a matter of time when they will match up with what is on file with the BRN. This is information which was discussed by other nurses who have experienced the same situation you are facing now. When this match-up happens, you have lost your opportunity to go through the diversion program. You are reported to the State Attorney General who now has the power to revoke your license. Then you are placed on probation status. Now you have to hire an attorney, NOT to save your license (an attorney cannot help you do this, again public safety trumps your privilige to be a Registered Nurse), but now to defend you violating the law by driving under the influence. You will be fined, paying the judgement against you, which can cost you thousands of dollars, plus court fees, DMV penalties, plus your attorney fees.
This will mean:
Your DUI is now public record. Someone, anyone, (with a computer & the InterNet); prospective employers, nosy family members, co-workers, etc. can look up your license and read all about your DUI and you judgement. This info stays attached to your license forever; it does not disappear once you are done with probation. This can make retaining employment difficult, to say the least.
Participate in an intensive out-patient substance abuse program (usually covered by insurance)
You will not be able to work for as long as the judge deems is sufficient. There are nurses out there who have not worked in the nursing field in years due to their probationary status. The average time seems to be 1 year at least.
You are mandated to attend AA / NA meetings until done with probation.
You will have to call in to see if you need to provide a UA (observed specimen, very humbling) that day, pay for the lab fees and collection fees; about $ 200.00 / month
Attend a nurse support group weekly.
The diversion route is much the same, but the cost isn't as prohibiting, as you don't need an attorney (again, an attorney CANNOT GET YOU OUT OF THIS MESS, unless there was a violation [by an employer] of the Americans with Disabilities Act, and drunk driving does not apply here).
keeps your business out of public view.
participate in an intensive out-patient substance abuse program (usually covered by insurance)
You will have to call in to see if you need to provide a UA (observed specimen, very humbling), pay for the lab fees and collection fees; about $ 200.00 / month
you do have to do lots of paperwork, submitting TIMELY monthly reports
You will not beable to work for up to a year, initially returning at a non-patient care status
mandated to attend AA / NA meetings, starting at 7 meetings a week (one a day & getting your signature card signed to prove that you do attend), once you return to work, the meeting attendance can be reduced,
be evaluated every 3 to 6 months by the Diversion Evaluation Committee (the DEC),
if you are diligent in your recovery and complete diversion successfully, there is no "red flags" on your license, your DUI and participation in the diversion program remains confidential,
and you won't have to pay thousands of dollars in court fees, attorney fees, DMV penalties, etc.
I am speaking from experience, diversion was the better choice for me.
Keep your chin up & may God Bless YOU
- Feb 25, '12 by princess papooliUpon discussion with past probation nurse peers, you may be able to continue to work while on probation. In diversion, you are removed from practice / unable to work.
Best of luck & praying for you.
- Aug 5, '12 by pickles100Yes. Hire a lawyer. Get a law firm who has alot of experience with the BRN. From what Ive read, you may be able to avert alot of hassle and expense. Do this ASAP. Good Luck.Last edit by traumaRUs on Aug 6, '12 : Reason: We don't allow personal lawfirm recommendations
- Aug 28, '12 by WhiteBearWhat has happened since your arrest please give a step by step to what happened and any advice ...