New Grad with recent DUI; denied licensure

  1. 1
    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 of nursing school. I wasnt driving at the time of being pulled over and was merely sleeping on the side of the road because I relized I had made a poor judgement. My BAC was 0.22.

    I graduated and received by BSN in August 2011.

    The DUI case was originally thrown back of the DA's office for lack of evidence but later reintroduced as the police department resubmitted my chargers. I applied to the BRN with an open case at the time since I had not been found guilty, however, the BRN would not grant nor deny me licensure until my case had been settled. I plead guilty to the charges in Jan 2012 thinking that if I completed all court requirements and showed rehabilative measures (although it was simply a one time occurance and I do not have an alcohol addiction) I would be granted licensure.... Wrong! My application for Registered Nurse in CA was denied in May 2012.

    This leaves me 2 options... 1) filing an appeal that I heard can take over 6 months or if denied I can not reapply for licensure for one year from that date or 2) reapply in one year

    Any advice or does someone have a list of Nurse Licensing Lawyers in the Southern CA area. I would greatly appreciate it.

    To make matters worse, I have applied to two hospitals in the area and have disclosed my DUI conviction and have been hired pending getting my licensure. PLEASE HELP! Thanks
    Joe V likes this.

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  2. 41 Comments...

  3. 1
    What kind of rehabilitative measures did you take? It sounds like you didn't take it seriously. What kind of paperwork did you submit to your board??
    nowim clean likes this.
  4. 2
    Hmm if the OP can be taken at face value, seems he/she took it seriously. Pulled off the road. Stopped driving. why was it brought back up? You have a cop that wants your backside in jail? This is one reason to never, without the advice of counsel, to plead guilty. Was that BAC at the scence? or later. good luck to ya.
    Quote from Jammin' RN
    What kind of rehabilitative measures did you take? It sounds like you didn't take it seriously. What kind of paperwork did you submit to your board??
    MAtoBSN and BabyRN2Be like this.
  5. 0
    oh my gosh! that sounds like a hard thing to deal with. i am so sorry that you have to be going through this. but thank god you are safe since you pulled over to the side of the street when you realized that you couldn't go on - i think that was a good thing to do. keep holding your head up and do all you can to get that license... i can imagine how hard this must be for you, don't give up thought!
  6. 6
    I feel bad you plead guilty. One of the best criminal lawyers in my city is a good friend. Always told me, if you did drink, do not blow (of course don't drive, and you did well by pulling to the side), and never plead guilty. By the time you are asked to blow the cop already made up their mind that you are going in for a DUI (unless if you didn't drink then blow cause you are going to be ok). I would get some legal advice, it may be hard to come up with the money, but think about the money you are loosing by not being able to get your license. Is worth the investment. Good luck and sending positive ways your way. And to the nurse talking about the "rehabilitative measures" we have all made mistakes, she does not need anyone to make her feel worse than she already does. Sometimes if you are not going to say something nice just don't say it.
    MAtoBSN, BabyRN2Be, myelin, and 3 others like this.
  7. 3
    I can't muster up a whole lot of sympathy for your situation. Whether you were sleeping or not, you are in control of a motor vehicle while intoxicated. Major lack of judgment started before you went out drinking without a plan to get home safely. I am sorry that you have to be dealing with this but I'm afraid you put yourself in the situation. Even after getting a license, you will undoubtedly have a hard time finding employment. Nursing is about trust and judgment calls after all.

    I do wish you luck and hope you pull something from this matter.
    poppycat, tcvnurse, and Aurora77 like this.
  8. 0
    Sounds like you know the options and risks: you could reapply in a year and would be granted your license, or you could take the gamble and appeal--if you win, you get your license somewhere between probably 3 months and 6 months... but if you lose, you are without a license for that time PLUS another year (a total of 15 to 18 months).

    This is a good example of an occasion that requires good legal advice. If you can afford that route, it may or may not make a difference in your legal outcome if you decide to roll the dice and gamble on an appeal. (Of course if you go the risk-free route of waiting a year the lawyer really won't have the power to change your legal outcome--sounds like that year period is set.)

    Questions to ask attorneys before you sign: What is your hourly fee? How many hours do you think this will take/ how much will my legal fees be? Can you take a flat rate that we decide upon instead of being charged hourly? Then... How often do you take cases like mine? What is your record on winning on appeal in similar cases? If your sister went to another attorney with a similar case, what would you hope that attorney would counsel her to do? And, be candid with him or her. Be sure to say you're a recent grad, no job, this is your hope of getting a job and your parents aren't giving you financial backing to pay his/her fees. If you're honest and spell out your situation you have the best chance of not being raked over for astronomical legal fees.

    Best of luck to you.
  9. 0
    So many people plead guilty because they think it will make things easier, but it doesn't. If what you said was true, that you were on the side of the road, you should have fought it. They may have been able to get you with public intox but you also could have gotten away clean with a little time and money invested. Bet you didn't see all this happening! Sucks that you are in this predicament...
  10. 0
    If you are ever in a situation like this always get a lawyer!!!
  11. 0
    Wow, I can't believe you pled guilty without seeking counsel (at least that's what it sounds like). If I were you I would lawyer up ASAP and see how quickly you can appeal the decision.

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