New Grad with recent DUI; denied licensure

Nurses Criminal

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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

Hmm there is that saying "don't assume facts not in evidence"....where do you get the idea that he/she "couldn't find the car" with a BAC of 0.22? If i remember right that is about three drinks for me, and i certainly could find the car. wouldn't drive it, but could certainly find it. and who is to say that it was that high when they found it? they came to the realization that they were impaired and stopped the activity....should never have plead guilty, but that is water over the dam.

As a recovering alcoholic there is no way a person can have a BAC of 0.22 find the car to get in and not have an alcohol problem. That said if you are gointo pursue nursing you need to start AA today, get a home group, a sponsor, ask your states BON drug monitoring coordinator which outpatient rehabs they accept start the program which will consist of 72 3hour group sessions. Document a year of sobriety that would mean no alcohol at all not even at church during communion. Sign yourself up for drug screens with first lab that is who the BON uses. You can get through this get permissions to sit for boards and one day practice as a RN but you first have to admit you have a problem, and address that problem. I wish you luck in finding peace, and acceptance of this issue and a disease that will steal everything including your life.
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To the OP:

Were you in a parking lot when the police found you or were you pulled over on the side of the road? I ask because it you were just sitting in your car in the parking lot I don't see how it could be a DUI, but if you were pulled to the side of the road then at some point you must have been driving while under the influence. In any case you should definately contact a lawyer. Good luck!

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Specializes in Critical Care; Cardiac; Professional Development.
A few comments:1.Don't post on here unless you are prepared for both positive and negative comments/reactions to what you've said.2.There is NEVER any excuse for getting behind the wheel of a car when you are impaired by alcohol or drugs.3. Not trying to be flippant, but I don't know any churches which serve alcohol....it's usually grape juice.

Catholic faith uses wine.

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How can they give you a D(driving)UI when you were sleeping in your car? Did you have an accident ..run off the road? A BAC of 0.22 is significant! Saying you don't have an alcohol problem to the BON probably isn't going to help you because they are not concerned with your legal problems. They are concerned with your fitness to safely do patient care.

Anyways, I suggest you discuss your issue with the BON monitoring program for substance abuse. If your are willing to enter a board approved rehab treatment program and be compliant with their expectations, they may be willing to work with you. From what I've heard, the BON is usually supportive of nurses in recovery, at least in my state, but it takes a willingness and a lot of work on your part.

You could get a lawyer to help you negotiate your options with the BON but I think it is something you can do yourself. Maybe a supportive letter from a Nursing Instructor at your school would help? No matter what, you are probably going to end up in the monitoring program anyways (not a bad thing), in order to practice as an RN, so why not start there?

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Thank you all for the words of encouragement and advice. I am seeking legal advice on the issue from a nurse attorney and will keep you posted on the outcomes in order to help others that may find themselves in this situation. Just to set a couple of the facts straight so you have the entire picture.... I am a straight A student all the way throughout nursing school, served on my school's California Nurse Students Association for 2 years, worked throughout nursing school (for those of you in nursing school or have completed it, you know how difficult this is). I do not have an alcohol dependency and am small framed. I consumed roughly 4 alcoholic drinks over a period of 5 hours. I orgibally planned on having one drink but we ended up catching longer than orgibally planned, where we discussed and planned to taxi home. The plan was changed at the last minute when I was stranded because my friend saw her ex-boyfriend and decided to go home with him. So I left in a city roughly 25 mins from my house and couldn't get ahold of any friends. I did not get into an accident or drive of the road. I finished all court related orders within 3 months in which I was given 6 months to complete. I no longer drink alcohol because it upsets me that I would make such a poor decision and am deeply embarrassed. I guess it goes to show you that things can happen to anyone and even those who you would least expect. You never know what someone is going through internally. Also, I have been offered 2 jobs through New Grad Residency Programs. In my experience, supervisors respect honesty an integrity. So there is hope for others with a criminal history. Mistakes happen! No one is perfect and we can only learn from these experiences.

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Also, I am not asking for sympathy or judgment of me. I am responsible for my actions and I accept the consequences they produce, good or bad. I am simply just trying get advice. Thank you for the post on redarding questions to ask the lawyer, I will definitely be asking every single one of those!

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Specializes in HH, Peds, Rehab, Clinical.

The laws are very specific in my state, what OP did is absolutely a DUI here. She got that car there somehow---while impaired in fact.

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am going to through a similar situation, i am a nursing student who is about to graduate in october but the problem is that i recently received a dui conviction. Can someone shed some light with prior experience or knowledge on the situation of applying to take the nclex with prior recent conviction as well as tips and advice on how to get through it

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Specializes in BMT.

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.

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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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Specializes in Psych ICU, addictions.

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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Specializes in non-animals.

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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