Just got a DUI. Need info/help.

Patti_RN · Feb 24, 2012

I'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.

somepartsam · Feb 24, 2012

Wow. I would love to PM some of the postsers in this thread, but I need 15 quality topics to do so.

princess papooli · Feb 25, 2012

You 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).

Diversion:

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

princess papooli · Feb 25, 2012

Upon 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.

pickles100 · Aug 6, 2012

Yes. 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.

WhiteBear · Aug 29, 2012

What has happened since your arrest please give a step by step to what happened and any advice ...

brooklyn7 · Oct 16, 2012

i have been a R.N for 10 years. i have count them two DUI convictions. if you have any questions contact me. I did not have any stipulations on my license, was able to work on a five year probation, no fines or fees to nursing board of california. my opinion hiring a lawyer for you first dui is a big waste of about 3-5000 dollars. i know because i did it myself and it is not what saved my nursing career

Donnie · Oct 16, 2012

My suggestion is find TPAPN in your city. Talk to or visit this organization first. Ask them for suggestions how to deal with your employer and the nursing board. Then contact employer- they may have a program for you as part of your benefits. I believe both have to be notified. If you do nothing perhaps you will not be treated well, I thing the board will find out eventually. It is best to be proactive. Donnie

Loretta50 · Sep 21, 2013

I received a DUI in Calif and I am trying to decide if dealing with the mercy of an investigation thru BRN would be better than the diversion program? 17 years as an RN. Cannot afford to be suspended immediately if I do the diversion program.I will loose my job if I am suspended. Wondering if there is a chance that the investigation would see that there is not a chronic drinking issue and an isolated incident and that I am doing court/DMV mandated alcohol classes and AA once a week and willing to pay the large fines associated with the BRN enforcement and be on probation. I wont survive a minimum3 month suspension that the diversion program starts as soon as you sign into their program. ANYONE HAVE EXPERIENCE WITH BRN DUI IVESTIGATIONS?

SharpRN · Jan 26, 2014

Just like they said above, hire an attorney!

And you can't do this without an attorney that knows what their doing and respects you. My sacrifice to get through nursing school and move on to eventually manage an icu in a major hospital was too important to risk losing my career by fighting on my own.

MaiKhuat · Feb 14, 2014

Can you pls call me 714-552-7734 or can I contact you"

Please call me ASAP at 714 552 7734 I need ur help

MADISON0281 · Apr 14, 2014

hello brooklyn7 not sure how often you check this but trying to find out some helpful information do you have a personal email