Recent Graduate and DUI

Nurses Criminal

Published

Hey everyone,

I wanted to start a post and document what Im going thru so others who might find themselves in a similar situation have some insight. I recently graduated with my BSN in December 2012 from a nursing program in the Bay Area (California). I applied to take my NCLEX in the beginning of Feb and was granted permission with no difficulty as I didn't have a criminal record. I failed because I was not taking the NCLEX seriously. Since failing, I signed up for KAPLANS NCLEX prep and was doing that when I decided to go out one night. I had two drinks and was pulled over on my way home. I was not impaired, was not speeding, swirving lanes, etc. and resulted in no property damage or hurt anyone. I pulled over thinking the cop was trying to pass me on a one lane road (one lane going in each direction) and this was when he pulled me over. I passed the field sobriety test but failed the field breathalyzer by blowing a 0.11. I had stopped drinking 2 hours before driving, was drinking water and urinating frequently to get it out of my system. My application to retest was sent in on a Thursday and a two days later was when I was charged with my DUI. I called the BRN first thing Monday morning and told them what had happen. As of right now, I have not received my ATT letter nor have a received a letter stating they have denied me to take my NCLEX for the second time. Im leaving the situation with the BRN alone until I can resolve my DUI case with the court and DMV. I have hired a lawyer and determined to fight this because I believe I have a strong case. Im still waiting to hear back from my lawyer about my DMV hearing date. He called them last Wednesday and they told him they would call him back by the end of this week. We are waiting for this DMV hearing to get the police report and work out a strategy for my date in court (scheduled for April 9th, 2013). Lucky for me, this DUI did not result in any damage of property or injury but using this as a growing/learning experience.

If anyone is in a similar situation, feel free to post. Please keep this to CA-BRN related DUIs and keep all negative comments to yourself. Thank you

There is a surplus of nurses; why would anyone hire you with a DUI when they can hire a nurse without a DUI? Also, you must by lying. There is no way you would blow a .11 two hours after two drinks. My guess is that you have a serious drinking problem that you are incapable of facing and I sincerely hope that you get help and do not interact with patients until you have had this serious problem addressed. Your level of denial is shocking and not what is needed in nursing. I think you need to consider other careers.

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There is a surplus of nurses; why would anyone hire you with a DUI when they can hire a nurse without a DUI? Also, you must by lying. There is no way you would blow a .11 two hours after two drinks. My guess is that you have a serious drinking problem that you are incapable of facing and I sincerely hope that you get help and do not interact with patients until you have had this serious problem addressed. Your level of denial is shocking and not what is needed in nursing. I think you need to consider other careers.

From someone w/ only 2 posts, both of them bashing on DUIs, I think you're stepping out of line. Maybe the OP is lying about their only drinking 2 hours prior, but - not to condone the action - there are so many people out there who have 1, 2 or 3, and they get behind the wheel immediately - everyday. That's just kind of how adult life is; we make adult decisions based on how capable we feel we are. A full-blown, swerving all over the road, running a red light, causing an accident DUI is much more than a .11 just had a couple beers and getting home DUI. Not to be put on the same level... People make mistakes, the OP I'm sure has learned a lesson from it. Shouldn't be grounds for denying all future employment.

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I want to respond this this quote and also give hope to those who seriously made a huge one time mistake in their life and not like others who are getting away with it all the time. Also please be glad you did not hurt anyone or damage property. To cut the story short, I stupidly volunteered to drive everyone back to a house after sobering up at a restaurant for a couple hours. We had celebrated our end to our first semester of nursing school. Well guess what, it was not enough time to sober up. No good deed goes unpunished so watch out. I am not even a party person or frequent drinker. I was pulled over in front of the house I had just arrived at and performed the whole DUI assessment. I was asked to blow on the breathalyzer 3 times and the police officer said, "That's not good enough, try again." I blew a 0.089%...... 9 tenths of 1% above the limit. Taken to jail, lost my driver's license, paid lawyer fees $2500, court fees $1800, 2 court appearances, threatened to lose job, threatened to get kicked out of nursing school, constant harassment from nursing school director, DUI school $600, AA meetings, car insurance DOUBLED, taking the bus to school and clinical, hiding it from my family, and even lost a girlfriend (kicked me while I was down). Anyways, not trying to feel sorry for myself, because there was no time for that. For anyone who is in a similar situation, you NEED to think positive, and battle this dilemma one day at a time and one task a time. It WILL NOT resolve in one day, one month, or several months. You CANNOT do everything at once so pace yourself.

What I did was continue to go to school, keep studying hard, do well in clinical rotations, and know that this mistake will not dictate who you are. Here is what I did:

GET A LAWYER, you have to try to get it reduced to a wet reckless, and reduce your fines and probation. GET A GOOD LAWYER WHO KNOWS THE COURT YOU'LL BE AT.

Comply with EVERYTHING the courts says, and keep ALL your documents. It will make getting off probation and getting expunged easier.

After a year has passed or almost a year, GET A LAWYER AGAIN and GET OFF PROBATION, and try to get your record EXPUNGED. You will get many lawyers who will say you cant or just wait, but it is not true. Some lawyer will know what he or she is doing. EXPUNGEMENT will reverse your guilty or no contest plea to NOT GUILTY. You have to clear your name as best as you could before you apply for your RN license because you have to disclose it anyways. A great thing about expungement is that you do not have to disclose your conviction when you're applying to hospitals. You can click no to convictions. It even says so on hospital applications.

GATHER ALL YOUR DOCUMENTS EARLY before applying to the BRN. DO NOT WAIT TO THE LAST MINUTE OR MONTH ACTUALLY. All that happened was that my application was sent to the enforcement board. They reviewed it and sent it back to regular processing. I was not denied taking the NCLEX or licensure. I even took the NCLEX before a lot of my peers due to applying early.

Here is the response to you Katrinakate, I admit I made a mistake, a horrible mistake and WILL NOT do it ever again. BAD JUDGEMENT. But it is not who I am nor do I have a problem. It will not be carried on into my career. This incident has matured me, made me stronger, wiser, clever, and smarter than many of my peers who continue to be immature, weak minded, and actually do drink ALL THE TIME. You know what? After passing the NCLEX (first try and 2 hours), 70 hospital applications later, 2 months of applying, with no experience, and a NEW GRAD, I am hired at a very prestigious hospital medical center where I thought I had no chance. Maybe that was my destiny for all this to happen to me and I will take care of this opportunity I have for the rest of my life.

I wish I had read a post like mine early on to give me some hope that things may get better. I was severely depressed. So here I am writing my experience to share with those of you in a similar situation. Keep your head up, stay focused, and stay the course. You will make it if you choose to.

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My CA nursing license came in the mail today. After 272 days of my DUI incident, the CA BON granted me an unrestricted license. I wanted to start that thread for people who might be in a similar situation. There is hope. Don't let others tell you otherwise because every situation is different.

"No matter what your past looks like, your future is spotless."

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My CA nursing license came in the mail today. After 272 days of my DUI incident, the CA BON granted me an unrestricted license. I wanted to start that thread for people who might be in a similar situation. There is hope. Don't let others tell you otherwise because every situation is different.

"No matter what your past looks like, your future is spotless."

Red_robster408, just wondering did you have to sit for the nclex again in California? or did the nclex that you took count for both states?

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Specializes in Psych ICU, addictions.
Red_robster408, just wondering did you have to sit for the nclex again in California? or did the nclex that you took count for both states?

Once you take and pass the NCLEX, you don't need to retake it for any other states that you endorse into. I believe that you generally do not have to take the NCLEX again unless you've been out of nursing practice for many years.

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Hello All!

I am new to the community, this is my first post. I too, have a DUI. Mine occurred back in 2007, I had passengers in my car and my bac was .22. Prior to that, I have a driving on a suspended license (non-paid ticket), and I got a speeding ticket but I can't recall whether it was "reckless driving." Anyhow, since the DUI I stopped drinking. I've paid my fines, done my time, and classes.... I have had no further trouble with the law. I started college in 2008, and had to wait 2.5 years in a lottery program. Now, I've finally been accepted and start the program this Spring (January).

I'm very concerned that my application to sit for the NCLEX will be denied, and I want to do whatever I can/need to do way in advance so that hopefully I can save myself some time.

I would really appreciate any advice I can get! Thanks guys :)

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Specializes in Psych ICU, addictions.
Hello All!

I am new to the community, this is my first post. I too, have a DUI. Mine occurred back in 2007, I had passengers in my car and my bac was .22. Prior to that, I have a driving on a suspended license (non-paid ticket), and I got a speeding ticket but I can't recall whether it was "reckless driving." Anyhow, since the DUI I stopped drinking. I've paid my fines, done my time, and classes.... I have had no further trouble with the law. I started college in 2008, and had to wait 2.5 years in a lottery program. Now, I've finally been accepted and start the program this Spring (January).

I'm very concerned that my application to sit for the NCLEX will be denied, and I want to do whatever I can/need to do way in advance so that hopefully I can save myself some time.

I would really appreciate any advice I can get! Thanks guys :)

Welcome :)

Unfortunately, the BON will not tell you Yay or Nay until you actually apply for licensure.

What you can do is see what information the BON will require from you (e.g., copies of tickets and court records, proof that you completed required programs, proof of AA/NA attendance, etc.) and start gathering them. Character references from employers, community leaders, etc. attesting to your rehabilitation also couldn't hurt either.

I also strongly recommend having a lawyer assist you with your application, and to definitely have one at your side should the BON decide to have you appear in front of them regarding this. That's because the BON is NOT the nurse's friend. BONs care about public safety first and foremost; your interests come second if at all. The lawyer would be there looking out for your interests first and foremost.

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katrina's post made me lol literally! I wonder how long she can stay on that high horse....hmmmm.. Much love to the rest if the normal people on here, who make mistakes, learn from them, and move on with the non judgmental understanding and compassion that it takes to be a nurse. (-:

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Thanks Meriwhen the RN... AA is for alcoholics. Going to AA, and telling them that I go to AA, does more than just suggest alcoholism. I don't see how telling the board that I'm an alcoholic when I'm not even an alcoholic would improve my chances...?? Isn't there something else I can do to prove myself without also throwing myself even further under the bus? This was in 2007. Its 2013 now, I graduate 2015. Not everyone who has an incident with alcohol is addicted to it! I can hardly afford school, a lawyer is way out of the question!! Any ideas for community service maybe?

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I'm in CA, by the way.. It looks like the board here approves everyone who admits addiction and gets help, and denies all the others.. Do you see this trend?

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Specializes in Psych ICU, addictions.
Thanks Meriwhen the RN... AA is for alcoholics. Going to AA, and telling them that I go to AA, does more than just suggest alcoholism. I don't see how telling the board that I'm an alcoholic when I'm not even an alcoholic would improve my chances...?? Isn't there something else I can do to prove myself without also throwing myself even further under the bus? This was in 2007. Its 2013 now, I graduate 2015. Not everyone who has an incident with alcohol is addicted to it! I can hardly afford school, a lawyer is way out of the question!! Any ideas for community service maybe?

I just threw the 12-step info out there with the "gathering required information." All I know about your case is what you've chosen to share here, so I can't tell you if doing that would help or hinder your chances. But depending on the applicant, they do request that info. This is something you'd have to ask the BRN about.

I'm in CA, by the way.. It looks like the board here approves everyone who admits addiction and gets help, and denies all the others.. Do you see this trend?

The problem is you can'd go by what you read here and think, "oh, I'm just like this one, so I'll have the exact same fate." They really do consider each case individually and there's many factors that can influence things. If you search here, there's old threads from posters who had a DUI(s) from a VERY long time ago (think in terms of decades) and were told "No" by CA. So I wouldn't go by that trend that you spotted here and think you'll be in the clear.

This is where I say seek out the counsel of a lawyer, particularly one who specializes in dealing with nursing and legal issues. Yes, lawyers aren't cheap, but a lot will work with you on the cost. And IMO, the very real possibility (AEB the number of threads you can find here) of watching 4+ years of schooling go down the drain when the BON slams the door in your face is far more expensive than what'd you pay for legal help.

Here's a handy website where you can find a specialty lawyer in your area:

TAANA Executive Office - Home

Info for CA BRN licensure for applicants with a criminal history:

Board of Registered Nursing - Enforcement Applicant Desk

The CA BRN is also who you contact to determine exactly what documentation you will need to submit.

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