California RN DUI success story

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Hi everyone,

I am writing this to help anyone in a similar situation. I got a DUI 2 years into my nursing career. I had a hard time finding information about the process so I want to make my story available.

I got a DUI fall 2014, BAC .13%, no property damage. I complied with the courts and completed l the classes and AA meeting required. Early on in 2015 the BRN sent me a letter asking if I wanted to participate in the diversion program, please avoid this unless you truly have an addiction problem. October 2015 I got a letter asking me to send a statement of what happened, court documents, proof of rehabilitation, and support letters from managers.

These documents will play a crucial to the BRN's decision between a fine or probation. A fine is your best outcome, the case will not be public information when someone looks up your license, and the board will take no further action. From what I've read and heard from people probation is a horrible 2-3 year process, many nurses lose their job and employers won't hire nurses on probation.

With my career at stake I hired a lawyer that had experience dealing with the BRN and knew what they expected. It was the best money I ever spent. She helped me edit my statement, and gave me guidelines to give my managers and supervisors when they wrote their letter. I got letters from my manager,supervisor, charge nurses, and coworkers. I also got a letter from the organization where I volunteered. These letters letters should demonstrate to the BRN that you are a great nurse that shows no signs of addiction with drugs or alcohol, and that the DUI was an isolated event. I got lucky that my place of work was super supportive and everyone came together and wrote me support letters.

Second, I sent them proof of completion of my DUI list offender program. Also, I sent them certificates of the many classes I took throughout the year. I have a membership with flex ed and have been taking many courses, they served to demonstrate that I am trying to continue to grow. Also proof of volunteer hours.

A few weeks later I heard from the BRN, I was blessed to come out of this ordeal with just fine. Hiring a lawyer is very important, she made my statement and letters much stronger. Also, while you wait for the BRN to reach out to you take classes and volunteer, do everything you can to demonstrate self-improvement. Also, make sure you report your DUI right away to the BRN, I think we have 2 months to report any criminal activity, if you don't it might count against your case.

BIGGEST lesson I learned is that a DUI can happen anyone, I work really hard, and I've never been in any kind of trouble, it never crossed y mind I would ever get a DUI. I had 1 drink, and thought I was fine, I didn't take into account what a lightweight drinker I am. PLEASE be smart out there, don't drink and drive. It's dangerous, irresponsible, and the consequencse are not worth it. We make enough money as nurses to uber if we are planning to drink.

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I'm glad it worked out so well for you--congratulations, and I mean that sincerely. Unfortunately, that was not my experience, and if you read through the Nurses/Recovery forum on this site you will find many others who have not been treated well or even fairly by the BON diversion/process in their states.

Drug rehab, substance abuse counseling, and drug testing are big money makers these days. Everyone wants a piece of those pies, and state BONs have probably been lobbied pretty hard by those involved in these industries to direct nurses with even "possible" substance abuse issues into diversion programs--in the name of "public safety," of course. Making money is their agenda, but it's not OK to say that out loud, so they spread fear of impaired nurses among the public to strengthen their position. It's not an honest industry at the highest levels; the actual counselors and staff involved almost certainly have their hearts in the right places, and there are many people, nurses included, who need their services. I'm not saying the entire industry is rotten. But the way it's been pushed among the nursing profession has turned a necessary evil--pushing nurses who truly have substance abuse issues into getting the help they need but have been unable to find on their own--into a one-size-fits-all factory that slots every "possibly" addicted nurse into years-long probation and diversion programs that they really don't all need.

It's not an OK thing to force nurses who do not have substance abuse issues into these programs. They are intrusive, humiliating, expensive, and make it very, very difficult to find work; nurses have lost their savings and even homes in the wake of these BON-mandated programs. A few have gone into deepest, blackest depression and lost their lives.

One DUI is one too many, and clear evidence of one episode of bad judgment--and the states are pretty good about getting people the stiff fines and remedial education necessary to make them vow never, ever to even think about driving drunk again; getting a DUI means you made a bad choice, not that you are a dangerous alcoholic. Coming up positive for controlled substances isn't de facto evidence of addiction, either. But far too often one bad decision has landed the wrong people in these programs--and I'm starting to think the Boards know this but don't care; they think it's OK to let these programs be punitive rather than helpful, so they don't bother trying to improve them. And it makes me mad.

Again, I'm truly happy for you--you really dodged a big bullet. I'm one who didn't, and I was lucky enough to have the support and resources to survive the process and even flourish within it. But it was mostly luck, and not everyone can have so much of it.

Thanks for letting me rant and rave.

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Specializes in Case mgmt., rehab, (CRRN), LTC & psych.

Thank you for sharing your personal story!

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Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

Indeed you dodged a big bullet. Count your blessings. Very glad to hear these results especially in light of CrissyD's post above. Take that very seriously.

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Thanks for sharing! Gathering information on this topic is rather difficult. You are truly blessed for that outcome to had happen. í ½í¹

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I'm having a little trouble with your story. Not sure how you would get a DUI on only one drink, unless it was a 64 oz drink. Perhaps I'm ignorant, don't know. Please correct me if yes. Also, no, it couldn't happen to anyone. It wouldn't happen to me. I don't drink and then drive. I think you are very fortunate that you only received a fine. I truly hope and pray that you have real remorse, because you could have killed an innocent person. To me, that is the crucial part.

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Thank you for the info, we all make mistakes. We all are not perfect, I am in a similar situation and am wondering if you received an accusation? Or just your first response was enough to satisfy the state board.

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Thank you for sharing CryssyD, in my journey to find information I met some people who were in a similar situation but were not so lucky. We made a terrible mistake, I am not trying to minimize it but the punishment seems extreme in some cases. Some nurses lose their job, and are unable to find another one, therefore they cannot go through probation, losing their livelihood. This one mistake can ruin our entire future, even if before it, we spent our life doing the right thing. What made me very angry was that MD's, and others specialties such as Respiratory therapist are not punished as severely as nurses. They have an equal responsibility to the public. Again, I am not trying to minimize the severity of our bad decision, I know that at then end of the day I am blessed I didn't hurt myself or others. I just feel for some fellow nurses that I met who were truly good people, and excellent nurses, they just made a really bad decision. The fine, the shame, the DUI offender program was enough to set them straight, but now they will spend the rest of their nursing career having to explain themselves.

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zbb13

I am petite, it was a 20 oz beer, didn't take into account that it was 11%.

I wish we could all be like you, always making the right decision, this world would be a better place. Keep it up.

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TitoG,

Thank you so much for sharing your experience!!

I thought I might also add that previously, administrative cases, meaning the cases that were accused by the BRN were available online on the BRN website. I completed an exhaustive search of all DUI cases here is what I found as being the general rules:

-If the DUI involved a collision, a flip, or a child was in the car, it was accused

-If you BAC was greater that .20, it was accused

-If you it was your second DUI regardless of what the BAC in either, it was accused

Once accused, in almost most cases there was 2 year probation period, 2 years of drug testing (even if drugs were not involved). In some cases inpatient rehab was involved, especially with 2nd DUIs. It was clear to me that in many cases nurses were allowed to keep their jobs.

That what I know about what was accused, however what goes on in the investigation process, prior to the accusal I cant really comment on.

In my case I was pulled over for running a stop sign, BAC .15. Ill update on what happens

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TitoG. This is good to hear that they were able to only give you a fine. Why do I hear of other people who have less BAC .10 receiving probation with difficult stipulations. I hear so much that the BRN is now more strict. Is it correct that you do not have to disclose arrest only a conviction. Thank you for your info. Such a stressful thing. What kind of lawyer did you hire (licensing attorney?) and how much did it cost

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spower81. How did your dui play out with your rn license and are you in CA. thank you

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