DUI and nursing

[averagenurse]

Okay, so here is my dilemma. First off, sorry if this post is in the wrong place, I wasn't sure where else to put it. I recently graduated with my BSN. I am not yet licensed, I was scheduled to take my NCLEX very soon. For reasons you will soon find out, I have postponed my NCLEX for the time being. You could say that I'm in the "gray area" between having just graduated, but not yet being licensed. Here is where it gets interesting. I was recently arrested for a DUI (please, spare me the lectures). I refused the breathalyzer, so there is no record of a blood alcohol level. I am NOT convicted of a DUI, it is just a pending charge. The case has not gone to court or gone through the legal process yet. According to my attorney, there is a reasonable chance that I can get the DUI knocked down to a lesser "non-DUI" charge such as reckless driving etc. Keep in mind, I am not licensed with my state yet. Here are my questions:

When do I report this to my state's board of nursing, should I report it asap (even though I am not convicted of anything yet)?

Or on the other hand, should I wait until this whole legal process is done and I have been convicted of something?

Also, what if I wait to tell the board of nursing, and then it gets knocked down to a "reckless driving". Would I even need to tell the board about any of this in that case?

Sorry about the super long post, and once again, please spare me the lecturing.

[mamagui]

This will probably get moved to the nursing with a criminal backgrounds section. If you live in SC, there is a good chance that your DUI will get knocked down to reckless driving without having a firm BAC. That being said, that is still a conviction that will need to be disclosed to the BON. I had some issues in my past and I submitted a separate letter for each issue to the BON when I applied for my license. I have now taken and passed boards, but am still waiting for my license. The BON here wants to know of any arrests and convictions, except for minor traffic tickets. Not sure about your home state, but I would guess that you should look at the application for license and take notice of the wording. My guess is that you should notify the BON ASAP in case they want you to come in front of them for questioning. However, per TOS, we cannot give legal advice, so this is all just my opinion.

[traumaRUs, MSN, APRN]

Moved to nursing licensure with criminal history forum

[elijahvegas, ASN, RN, EMT-P]

personally i'd wait to see the outcome, however that process can potentially be dragged out for quite some time. at any rate, if you report it to the board now, there is a likely chance that, since you mention the case is pending, they will request documentation when the case has been resolved, and you'll have to report the final disposition whatever that may be. In certain states, you will have to go in front of the board if your requirements are not satisfied by the courts, and this includes probation sanctioned by the court. However, you mentioned that you "postponed" taking your nclex. Does this mean you were previously approved to take it and received your ATT? if thats the case, i would personally go ahead and take it regardless of whats happening in court, simply because time wasted increases the likelihood of failure, and you never know whats going to come your way next. So deal with one issue at a time, and as they arise,

****This is not legal advice, shouldn't not be construed as legal advice, nor am i qualified to provide legal advice. Stay in close contact with lawyers and the BON for more accurate, definitive direction.****

[averagenurse]

First of all, thank you for the reply, and sorry for my late response. A new development, the case is now resolved. My attorney and I tried very hard to get the case pushed through very fast for reasons I won't disclose. ANYWAYS, I did not get a DUI, it got reduced to "Reckless Driving", which is a misdemeanor. First of all, to answer your question, yes I postponed the NCLEX because I was already scheduled to take it and I had already gone through with the background checks BEFORE my incident. In short, before the incident occured, I had gotten my ATT. So this is my question now. Everything turned out great, I didn't get a DUI, but I still have the reckless driving charge which is a misdemeanor. I have already gotten my ATT, already done my background check and already scheduled my NCLEX. Should I still "self-report" to the BON that I got this misdemeanor???

Thank you and sorry for the long winded post.

[rnspark]

Check with the bon. Most bons require you to diclose all arrests. I was in a similar situation where a DUI got dropped to reckless driving. I was required to supply the bon with all my court records and arrest records. It took a little longer than normal but I was issued my RN license after all my paperwork was reviewed.