to hire an attorney or no? CA

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Hi all

So previously I posted that I tested positive for alcohol through a PETH test in the state of CA.

My file is going through the AG office and I am waiting for my court date or whatever next is supposed to happen. My question is this - should I hire an attorney for this? People in my nurse support group are telling me that even without an attorney, my probation will most likely be extended one year so I should just settle with whatever offer they give me. So is it worth it hiring an attorney just to save myself 1 year of probation? Even without the attorney, I don't believe that my license would get revoked since they are still making me comply with all the terms of my probation meaning I STILL have to check in daily with Firstlab and I still go to my nurse support groups once a week. It would be pretty damn ****** if they decide to revoke my license in the end when they're still making me do all this BS.

Little background - I am a new grad RN that was licensed in August this year. Was busted due to drinking non-alcoholic beer.

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Specializes in CCU, SICU, CVSICU, Precepting & Teaching.

If you're questioning whether to hire an attorney, it seems like an indication that you should. I'm not in CA and I don't know your issues, but I'm a sailor. The time to reef your sail is the first time you think about it. Don't wait until the wind is blowing like stink and you can't safely leave the cockpit. Seems to me that hiring an attorney would be a similar situation. Don't wait until you're in so much trouble that you cannot NOT hire one.

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Specializes in PDN; Burn; Phone triage.

I seriously doubt even a lawyer could save you from the probation extension. You pretty clearly broke the terms of your probation by drinking alcohol. I am kinda curious how much you were drinking to show up on a pETH...

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I was drinking a decent amount and also this peth test was less than 2 months in so I believe that played a factor as well because non alcoholic beer should not register on a peth test. And you're right about the lawyer part which is why I'm asking if I should hire one. If my revocation is "stayed" and I still need to comply with all the terms of my probation what are the chances that the brn will really revoke it in the end, whether I hire an attorney or not? Like I said it would be really ****** if they are making me do all this still and decide to take my license away in the end.

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We are not allowed to give legal advice. I will tell you that from my own personal experience with the BON the first go around I consulted with an attorney to ensure that I said enough without saying too much.

I'd make sure if you go unaccompanied you'd be well prepared. If you are planning on disclosing that you were drinking nonalcoholic beer they will want to know why you lacked the insight to understand there is still alcohol in it, why you chose to drink a high volume of the stuff, ect. I'd also add here these are questions you should ask yourself. Be cautious, they aren't interested in hearing the excuses of why this hearing isn't fair or isn't right, they are looking to see if your insight is intact and if your choices will affect your ability to practice safely.

Tread lightly.

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If you're able to afford an attorney I'd say go for it, and that's because, realistically the board can do whatever they want with your license and you have very little say in the matter. Also, if there's any way to avoid getting a year added on to your probationary term, however slim the chance may be, I would hire the best lawyer around to do it because this program is ridiculously expensive.

I've heard if you pop up with a positive test they automatically stop you from practicing nursing until the AG decides how to proceed. If they're still allowing you to work that's a good sign. That right there is enough to stop me from coming close to a drink as there's no way I could pay for any of this if I wasn't allowed to work.

Good luck, keep us updated.

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

I would.

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Specializes in Psych ICU, addictions.

Per the TOS, we at AllNurses can't give legal advice.

I am one of the first people to tell members to lawyer up whenever they have legal issues involving a BON. And I'm telling that to you. You need someone who knows the laws and always has your interests first and will fight for them...and I guarantee that someone isn't the BON. Having a lawyer doesn't guarantee victory, but it does improve the odds of a favorable outcome for you.

You can find lawyers versed in legal nursing issues and dealing with BONs here:

TAANA Executive Office - Home

Best of luck.

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Hey i cant respond to your PM can you email me [email protected] im in cali and in your exact situation

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Yeah I'd hire an attorney

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