New Grad with recent DUI; denied licensure - page 3

by nursingnerd25

Hello all, I am in real need of advice so if anyone is in my same book or has had a similar issue please let me know how you resolved it. Thanks! Here goes... I recently received a DUI in June 2011 during my last semester... Read More


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    I am someone who before I went back to nursing school got arrested for a DUI. Lot's of people on here are saying never blow but actually if you refuse in CA you automatically lose your drivers license for 1 year. Also the one at the scene doesn't count, it's the one they make you do at the station that goes on record. Now what I SHOULD have done is asked for a blood test, because just to GET the blood drawn would have taken at least another hour. I got a lawyer and my case was reduced a "Wet Reckless" which is reckless driving with alcohol involved, but I blew a 0.09.
    My nursing license is in NC, and I also have one in New York. All I did was submit a copy of the court records, a copy of the completion certificate of the First Offender Program, and a statement. I also was required to submit these documents to my nursing school when I applied. I had no issues. My understanding is in CA you have to submit an arrest record as well (which mine has been purged according to the police department so I can't even get it) OR a letter from the judge, a letter from your current manager (or maybe from one of your professors if you just graduated?) and the other things I submitted. I'm guessing yours was denied because it was so recent. But I agree with the posters above, perhaps you can ask the BON what else are they requiring of you? Maybe you need to submit letters from clinical instructors, etc on your behalf.
    It is NOT true that you'll find trouble getting a nursing position with a DUI conviction. The more you open up and talk about it, the more people you'll find who went through the same thing. If anything, it shows you made a mistake and learned from it.
    reisskj likes this.
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    Thanks for your post BD-RN. I submited all of the required documentation to the BRN including a summary of the incident, police report, court ordered reports (completion of community service, driving-alcohol classes, and AA). Since being denied my application I have hired a Nursing Attorney just to error on the caution side. Also, I sent them 7 letters of character references from 4 nursing instructors, the hospital were I work at (as a patient care assistent) recruiting's manager and mentor, another hopsital where I have been hired pending passing my NCLEX, and a close RN collague. I also provided my school transcipts since I was an excellent students and served on my university's chapter of California Nursing Students Association.

    It seriously was just an isolated incidient and an extremely poor decision. It has now been almost one year since graduation and I am still waiting to hear back from the Attorney General's office regarding my licensure or stipulated agreement. I really hope they understand this incident to be out of character for me and grant me a licensure here shortly.

    I only have one question in terms of how long it will take the Attorney Generals office to get back to me so I can be granted an unstricted licensure (I really hope for!) or a stipulated aggrement. Does anyone know how long this process takes. The BRN received my letter of appeal on July 5, 2012. Thank you for all of your comments and insight.
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    Quote from nursingnerd25
    I only have one question in terms of how long it will take the Attorney Generals office to get back to me so I can be granted an unstricted licensure (I really hope for!) or a stipulated aggrement. Does anyone know how long this process takes. The BRN received my letter of appeal on July 5, 2012. Thank you for all of your comments and insight.
    It has been less than a month...I wouldn't be surprised if it takes several weeks. The wheels of bureaucracy tend to turn very slowly I would contact them periodically (every couple of weeks or so) for status updates and to see how things are going.

    Hang in there!
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    I am also in a similar situation (1st time DUI during school). What someone recommended here on the forums is to go to a MD or DO psychiatrist that is an addiction specialist and have them do an alcohol evaluation on you. If this was truly a one time lapse of judgement than it'll look better during your appeals process when you have a letter stating that you aren't addicted to alcohol. The poster who recommended this is from California, also got a 1st time DUI during nursing school, got initially denied, but was given an unrestricted RN license during appeals (you can search the forum the thread is still around). Best of luck to you
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    So as for an update... I hired a nurse attorney and I sent in my letter to appeal/wishes for a stipulated agreement in on July 5, 2012. It's now almost October 5, 2012 (3 months later) and I have yet to hear of anything besides the BRN stating they received it. I have not been contacted by the Attorney General and was wondering in the state of CA how long this process normally takes. I currently have been offered 2 different jobs at hospitals and they are waiting on me to be approved to take the NCLEX. In addition, both employeers are aware of my circumstance. Any help is much appreciated. Thanks
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    @nursingnerd25

    Im in the same boat as you. I sent my appeal in July as well and have not heard anything. I tried to contact my case manager and recieved no luck. Left plenty of messages and no call back. CA BRN is a piece of crap. I have applied to BON at Oregon and Washington. I am eligible to recieve ATT from both states as soon as i register for the NCLEX. These two states work fast. I am not sure though if these states give you an ATT before your background check clears, becasue some states do this. I would advise you to start looking out of state. I recieved my DUI a couple months before graduation. I blew .20 which is pretty darn bad. I consulted a lawyer regarding how long it will take to recieved the letter from the attorney general and he said 6 months to 1 year.
    JasmineJoy likes this.
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    Sad news for the 1000's of nurses and potential nurses in California that are arrested every year for DUI (among the total 250,000 DUI arrests statewide every year): The California Court Appeals ruled in July, 2012, that any nurse with even her first DUI conviction can have her nursing license automatically revoked by the BON. If this stands, it means that you will lose your license with no further due process from the BON, regardless of whether you hire a lawyer, etc. In my estimation, also, if this ruling stands, it means that no graduate nurse will be eligible to receive a license from the California BON is she has a DUI. On another note- if this law stands, it makes it definitive that no prospective nursing student would even consider the throught of attending nursing school with a DUI conviction, which would end the wasted time and money spent by those wondering if they graduate...WILL the BON give them a license??
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    I got a DUI in Dec 2009, the first semester of nursing school. When it came time to sit for the NCLEX, the BRN declined my application. The next year I went back and forth between the Board and the Attorney General's Office and finally entered into a stipulated agreement regarding the status of my license. I agreed to the conditions of probation and have to submit to random urine tests (must check-in daily), attend 1 AA meeting and 1 nurse support group a week. Probation will last 3 years.
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    How did you go back and forth with the BRN and the Attorney General's Office? I can't seem to get a hold of anyone nor find out what is going on with the status of my appeal. I sent my appeal July 5, 2012 and haven't heard a thing besides the BRN receiving my paperwork. Did you still have the specific numbers you called?
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    Hi everyone, I would like to share a similar story I have. Long story short. I have a total of 2 DUI's. One back in 2005 and the second one in 2010, right before I started nursing school. I recently graduated in December, 2012. I knew when I applied for BON that it would take sometime for them to get back to me. I started my application in the beginning of December. I provided proof of court documents along with my rehabilitation, police report surrounding my arrest (this is a must, otherwise, the BRN would not even look at your application), two reference letters from your clinical instructors or professors or even better the director of nursing, letter of explanation explaining your a change person to support your application. The BRN received my application for licensing around mid December, from there since I had prior convictions, everything stops the process. My file got moved to Enforcement Department for evaluation and get assigned to analysis. From there, it took another 3 months for approval or denial. Today, I received a letter that my application got denied. However, if I choose to appeal. They will go ahead and let me take my license once they received my appeal letter BUT my result will not be release. In the appeal, there were 2 options to choose from. Either I choose to appeal in court or go with the alternative stipulation formative appeal. I choose to do the alternative stipulation. And I will be mailing my appeal letter this week. According to what was stated from the BON. They give me permission to take my nclex once they received that appeal letter and while everything is still in process of the attorney general.


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