Recent Graduate and DUI

  1. 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
  2. Visit red_robster408 profile page

    About red_robster408

    Joined: Mar '13; Posts: 11; Likes: 7
    Unemployed; from US


  3. by   red_robster408
    Went to see an addiction psychologist yesterday. The wait took forever and a day but was able to see him. The Dr did a full assessment and went on to discuss my drinking habits. After all was said and done, he determined I did not have an addiction problem or any other issues with substance abuse. Now, Im requesting he write a report about his findings to the BRN to support my case.
  4. by   ReverendDavid
    Based on my CA (DUI) experience, I'll assume you will not be granted a license. However- it's not a lifetime ban. I lost my license in AZ, for 5 years after my DUI. At some point you will be able to retry to obtain a license. Possibly the hars penalties will have been reversed in a few years, and you'll be able to retry that. You are facing a lot of obstacles that you are probably unaware of, and that your lawyer has no reason to tell you:1. Your DUI arrest is a permament digital record. It will 'never' go away regardless of the resolution of your case. 2. A DUI involves MVD and court sanctions, the combination of which will amaze you. 3. Even if you hire a lawyer, and get a trial, and win? This does NOT clear your DUI with the MVD. 4. If you are cleared at trial, and then can clear your MVD DUI arrest, again- you still have a 'permanent' arrest record, that you have to disclose to any BON. And they will all assume that you were guilty of DUI, regardless of the legal course- the BON follows its OWN path. In summary- once arrested for DUI, you may as well be convicted, because in reality- you will never outlive that arrest record. Just plainly speaking. If you do have a lawyer- read him my post, to judeg whether he is being forthright with you....Good luck.
  5. by   DavidKarl
    I went to be evaluated also. The 'counselor' was, of course, a 'recovering' drug addict. In this state you are labled as I or II, meaning probably an addict that needs counseling (I), or not an addict, someone who made a mistake (II). If you are a "I", you then have to attend whatever program the 'counselor' decides upon, based on his 'evaluation', that is sent to the MVD. You then have to complete the required sessions (some are 5 times, some up to 15- there are no standards)- and if you miss ONE, you have sto start over. So, it's a crap shoot when you are given a page of names to choose from, because there are no standards, and what they tell the MVD becomes your fate. Anway- I told him, yes, I smoked pot a few times, in high school, 40 years ago, and hated it- that even today the smell of it makes me gag. He labeled me as a "I", because I was an 'admitted sunstance abuser', and mandated that I attend 15 counseling sessions. I told my lawyer this, he told me to get another evaluation, that the MVD doesn't care if you send in more than one. I did. Told the guy the same thing, and even told him that the first guy labeled me a "I". This new guy labeled me a "II", and sent that to the MVD. No counseling sessions, that by the way- would have profited guy #1 to the tune of $1600? True story.
  6. by   red_robster408
    So it's been a couple of months since my last post so Il update on what has happened since. I was scheduled to appear in court in early April 2013 which was rescheduled to early May. My lawyer was able to obtain the police report the day before our April 2013 court date. I went over the report and found somethings I did not totally agree with. I mentioned this to my lawyer and I wanted him to get a copy of the police audio/video file from that night to compare with the police report. My lawyer has put in the request for that tape about 3 weeks ago but have heard nothing. I recently had my second date in court in early May where my lawyer asked for an extension until we can the police video. During this May court appearance, the DA made a deal for first time DUI that consisted of $2000 fine, 3 years probation, 3 month DUI class, and 6 days of a work program (substitution for jail). I respectfully decline because thats not really a "deal"-its pretty much what the court will hand down if I get convicted of DUI. So as of right now, Im still waiting for the police video. I hope to have the video before my next court date in early June.
    In the mean time, I've been attending one AA meeting, one nurse support group, and volunteering once every week and documenting my attendance weekly. I've also collected a letter of reference for the CA BON to mail in as supporting evidence along with the letter from the addiction specialist. I've also been studying for the NCLEX. I applied for an RN license in a different state which has granted me permission to test. In the application, I fully disclosed my pending DUI and the actions Im taking to correct the problem along with my progress in court. This state was nice enough to allow me to test so this past week Ive been doing the KAPLAN NCLEX review. Il continue to update and hope this helps those who might have made a similar mistake.
  7. by   lifeinthefields
    Hey Red_robster408, I'm sorry about your DUI sounds like it could have been a wet reckless and - in general, sucks that this has happened.

    I was curious which state you were allowed to test in? I hope to hear of good news from your case !!!
    Take care~ and good job with all the volunteers, references, AA and nursing support meetings.
  8. by   Meriwhen
    Best of luck with everything.
  9. by   red_robster408
    lifeinthefields: i was allowed to sit for the nclex thru the washington state department of health. since my last update, i have sat for and passed the nclex. the state of washington has granted me a full rn license with zero restrictions. i was upfront with them and disclosed my dui in a written statement mailed along with my application package, about two weeks later, i received my authorization to test (ATT) which allows me to sit for the nclex thru pearsonvue. as of right now, i am an RN with an unrestricted license in the state of washington.

    as for an update on my dui case in CA, i had my dmv hearing about a month ago and my driving license is suspended until nov 2. i am eligible for a restricted permit in about 2 weeks but i have to have proof of enrollment in a dui class, sr-22 insurance, and $125 reissue fee. whats holding me up from signing up for a dui class is i dont know if the dui will get reduce to a wet and reckless bc its a big difference in length of class time and money if i have to take a first offense dui or a wet and wreckless class. my lawyer is currently working thru the discovery motion to get evidence from the district attorneys and thats where my case has been.
  10. by   TBlase
    Are you saying that the WA BON granted you a clear and unrestricted nursing license, knowing that you have unresolved, pending criminal charges against you in CA?
  11. by   TBlase
    And if my disbelief that a nurse COULD get a license with pending criminal charges, there I found it- on the WA BON site, iteslf. It asks if you are facing prosecution for any crimes, and if yes? Do you want us to give you a license now, or wait until you've been convicted or cleared? I'm stunned. Of course, there may be a catch- when you are convicted they might pull your license. Still, the nonchalance of the application to receive a nursing license in the state of WA has me wondering if I am hallucinating?
  12. by   red_robster408
    Tblase-i was upfront with them at the time I was applying to retake the nclex, wrote a letter of explanation and they allowed me to test. Once I passed, my license came in the mail. I looked myself up with their license verification system and it said i have zero restrictions nor are there any pending actions against my license.
  13. by   lifeinthefields
    LOL TBlase.

    Congrats on getting a license as a backup? Hope the DUI is reduced to a wet reckless.
    p.s. how was the kaplan review? I signed up for the On Demand but it hasn't let me start it yet (been two days?) Hope it was worth the $$
  14. by   katrinakate
    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.