dui: diversion program or take chance with nursing board

[Othelady]

Hello to all. I'm new to site . I'm looking for answers for Dui situation. I've been putting my question in search sites but not able to find my answers. My situation is that I have a DUI and received a letter to choose between diversion program or go before the board and get probation or enforcement program. I have 5 days to decide. I've been at my critical care job for 25 years. With the diversion program I have to go on a leave of absence immediately. I don't know what to tell my job. Also I have to be on leave for at least one year then non-patient care for up to 6 months then patient care but can't access narcotics which would be burdensome. Also I'm worried about the availability of a non-patient care job at my workplace. Would that even be an option? If not will I lose my 25 year seniority and pay scale? I'm thinking I should just take my chances with the board of nurses and take probation because it sounds like I can still work then there. I know probation would be on my license but since I already have a job can they fire me? I'm so torn . I need the income to keep my home. I'm the sole supporter for me and my children. I appreciate any fellow nurses opinions.

[bsyrn, ASN, RN]

get a lawyer. you do not want a diversion on your record. as licensed professionals we are held to a much higher standard than the general public. that is why i never drink and drive. i wish you the best.

[Othelady]

I'm getting a lawyer but I have to answer the diversion question by Monday or forfeit my chance at diversion. I wish I knew the right route to go by Monday

[Othelady]

With diversion its off my record once I finish the 3-4 year program. The other route is BON and I'm told even with a lawyer the nurse is usually put on probation and that stays on your record. I'm told just a fine is "rare" when there is a dui with complications. Thanks for posting.

[VickyRN, MSN, DNP, RN]

Thread moved to "Nursing Licensure with a Criminal History" forum. To the OP, please check out the resources (especially stickie threads) in this forum - you will find a wealth of information that will be immensely helpful to your situation. As an Internet message board, we cannot give specific legal advice. We do care about your situation, but it is simply beyond our scope to tell you which path to adopt. Please contact seasoned legal counsel ASAP - especially lawyers who specialize with nurse-BON issues - as others have suggested on this thread. We wish you peace and successful resolution.

[NRSKarenRN, BSN, RN]

contact your employer employee assistance program which is totally confidential as they have expertise in this matter. also see our nurses & recovery forum

ca diversion program states that time off is required at start of program to be evaluated + recovery started and return varies by individual.

best wishes in moving forward.

[Othelady]

Hello: I posted this question on the general forum and am now wondering should I post under "California Nurses" as well. Many thanks for the input I have received from around the States. I'm wondering should I go to diversion or probation? Is there any nurse out there who went the probation route because they were already employed and were able to keep their jobs?Did you have to go through another program anyway and did you wish you went to diversion program instead? The diversion route states that once the program is completed it does not stay on your license, but a RN can't work for over a year if in diversion program. If the RN goes the probation route it does stay on their license and they still have to do a program anyway but its now called the enforcement program ran by BON,BUT a RN CAN still work while going through this program. If they already have a job and that job keeps them then they don't have to worry about the probation being on their license. I would appreciate any feedback.

[CAnewnurse]

hey i was wondering if you were able to get the offer for diversion or probation without a lawyer.