CA BRN

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Hey guys, I have a few questions for those who have experience with the CA BRN regarding probation.

I just received my first DUI arrest of .17 BAC awaiting trial/conviction. I know I will have to deal with the BRN and was wondering for those who have, what are some ways to build my mitigation evidence packet? Is this information due at time of reporting after conviction or when the BRN contacts me months later after self-reporting once convicted?

I am trying to build a mitigation packet to help lessen some of the probation stipulations. I fee like probation is inevitable and my goal is to try and get the "Rule out clause for Alcohol abuse stipulations 14-19". I've heard stories and have read BRN public reports of nurses getting this rule out included in their Stipulation agreement with the BRN lawyer.

I am not an alcoholic and rarely drink. It was a dumb mistake that I made thinking I could drive home. Does anyone have any experience with this?

Thanks

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The best advice I can give you is to lawyer up before the BRN gets to your case and make sure you have a lawyer who's experienced with the board. Don't bother paying for a lawyer for your DUI, a public defender will be just fine and you'll end up with the same punishment regardless, first offender program, 3 year summary probation and a fine. CA is pretty cut and dry when it comes to DUI.

You've got about a year before the board gets to you and then once you receive your accusation it's another 6 months or so before your trial date. Use that time to do a few things:

1. Start going to a couple AA meetings a week and log them. If you can, find a sponsor who will be willing to write a letter attesting to your sobriety to the board. It may seem silly to get a sponsor when you're not an alcoholic but it looks good to the board.

2. Go get an addiction assessment by a board approved MD. I don't know what part of California you live in but I did mine in Santa Barbara and would be happy to share the info for you. This will set you back about 400 bucks but either way you're going to have to do it if you don't get the rule out clause. I also have a list of several MDs in the LA area that can do it as well, though I don't know their fees.

3. Start collecting character reference letters from your manager, coworkers, MDs you may know in a professional capacity. Anyone who knows your work ethic. They value these more than letters from family or friends.

4. Try to pay off your DUI fine and finish your classes before the board gets to you as they do take that into consideration.

Even doing all this, know it's getting increasingly rarer for the BRN to give the rule out clause so prepare for the worst. I did everything except lawyer up, also a first time DUI offender, and they still gave me terms 1-19. Currently deciding whether to give up my license after getting a cease practice from a false positive ETG test, so probation is no easy feat. Good luck and keep us updated.

P.S. You're going to get a letter from the intervention department in the mail in a couple weeks. Whatever you do, don't call this number unless you truly believe you have a drinking problem and are unsafe to practice. I've hear horror stories of the operators enrolling nurses in intervention who were just trying to get more info on the program. Once enrolled, they automatically suspend you from practice and you can't work for a year.

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gnurse,

I live in the Central Valley.

I have a lawyer who deals with the BRN (admin law) and she will be helping me throughout this entire process.

1) I will start attending AA meetings and the sponsor idea sounds great. I was wondering how the BRN would believe my proclaimed sobriety date and a sponsor sounds like a good idea to help attest to that. I was also thinking of becoming a sponsor as well after my 6 months of sobriety (their requirement to be one)

2) I just attend my first Nurse Support group meeting voluntarily and I plan to attend weekly in hopes that this will help my case. I hope to get a letter of character from the group facilitator as well.

3) When should I get this addiction assessment done?

4) It sucks but I got my license this year in March and a DUI the same month! I've been with my employer for two years and can get letters of reference from managers and charge nurses as well.

Thanks for the heads up about paying the fines and finishing the classes. Do I need to do an outpatient rehab program? I don't have an alcoholic addiction problem and was wondering if the evaluation will be sufficient?

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I would get it done at your convenience but prior to hearing from the board. Like I said, youve got time on your side and the board won't do anything until you're actually convicted of the DUI so for now just focus on AA and getting through the DUI hearing.

Its great that you were able to get into a nurse support group, most facilitators won't let you attend til after you reach a decision from the board. Definitely get a letter from the facilitator and network, many nurses find jobs from their group.

You don't have to attend outpatient rehab, just make sure that the MD you go to for your assessment writes explicitly that you do not have an addiction problem and would not benefit from rehab. However, definitely work the 12 steps with your sponsor and put this info in your statement to the board.

Wish you the best!

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Thank you again!

I am going to try everything I can to get those stipulations ruled out. I am nervous that since I am a new nurse it won't be in my favor. I read report on the Breeze website of a nurse in San Diego getting a DUI after hitting parked cars with a BAC of .23 and getting the rule out stipulations to not have to submit to random drug samples and tests; he however did have years and years of nursing experience under his belt.

How do I find out this information for the MD in Santa Barbara?

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What's your email? You can also try sending me a direct message on here but I think you have to have a certain number of posts to do that.

I got my dui about a year after getting licensed. I was 22 and went out with some friends, our DD got beyond intoxicated, which is usually the case at 22, and I made the dumb decision to drive myself home which was about a mile away. I made it about a block before a cop who saw me leave the bar stopped me. There's not a day that goes by where I don't regret not just calling a cab, but you live and learn I guess. Don't beat yourself up too much about it. It's a dumb mistake but as long as no one was hurt, it's just a learning experience. The board of nursing tends to try and make you feel like you're the worst criminal in the world but in 3 years you'll be able to expunge your record and no one besides the board will even care about the DUI

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Hi everyone! I recently received denial for licensure because of a DUI four years ago, now expunged. I'm going to appeal, does anyone have a sample letter? Any Lawyer recommendations? How much for lawyer's retainer fee?

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