I got a DUI

Dayray, RN · Sep 9, 2003

I've never had a DUI but can imagine the embarrassment your going threw.

Years ago I was given a ticket because my dog got lose , she didn't cause any damage or even scare anyone the dog catcher just happened to be in the neighborhood and asked the neibers who's dog she was. Anyway, for some reason (I cant remember now) I thought I could beat the ticket in court so I didn't pay it and meant to go to court. The date was several months off and I foolishly forgot all about it.

Over a year later I was at home with my 5 year old daughter. I heard a knock at the door and opened it to a mini s.w.a.t. team with night sticks in hand and the hands on their holsters. They told me that because it was a weakened and the courthouse was closed I would have to be booked in jail and post bail to get out.

I was very fortunate that they let me wait for my wife to get home or they would have sent my daughter to social services. they cuffed me in my front yard and I spent about 12 hours in jail. I don't have anything else on my record but every year I had to disclose and explain this to my school as well as on my application to the BON.

I now also have to explain this to every employer (as they all do background checks) and I always get the feeling they don't believe my story.

From now on I will just pay every ticket I get! and I guess you'll always remember to use a designated driver.

live and learn. Don't beat yourself up about it just get all the info you need to protect your license and criminal record. I would defiantly hire a lawyer and inquire to the BON about attorneys registered to act at council in BON arbitrations. I would also think you could place a call to your BON without disclosing your name and ask them if you are required to report an arrest. As for the alcoholic question well I think you've heard enough on that subject so ill just leave it alone. Good luck

Todd SPN · Sep 10, 2003

And this was before the Patriot Act?

Leah K. · Sep 10, 2003

In the state of Indiana, anyone with a professional license is reportable to the licensing board, whether they are a doctor, atty, nurse, etc. It might be wise to contact an atty who specializes in protecting medical folks and look into a peer assistance program in your state before you contact the board...but DON'T WAIT TO DO IT!

You might be given a provisional license to practice nursing where you are presently employed.

Be proactive!!

Good luck!

Leah K.

(south central IN)

Teshiee · Sep 10, 2003

But it clearly states. Drink don't drive! If you have 1 or 30 you take a big chance of being pulled over why risk it? You may not be an alcoholic yet it doesn't excuse drinking behind the wheel!

Tweety, BSN, RN · Sep 10, 2003

Originally posted by NurseBenz
"getting a DUI is against the nurse practice act"
Please show me where it says this in the nurse prectice act.

Shame on you guys...
He/she has not yet even been convicted of the crime. I disagree with calling the BON and turning herself/himself in.
Hire an attorney and if you are convicted then call the BON to report your situation.

I'll have to find the information. I'm basing my statement on the fact I work with someone going through this. He actually got a DUI in another state and is trying to get licensed here in Florida. Which they gave him his license to practice in Florida (under certain restrictions like no overtime, no floating, etc.) (so maybe it's not against the nurse practice act), and to keep it he must go to meetings, drop urines when asked, etc. for two years.

I also know someone who is a group facilitator in the Intervention Project for Nurses, which is an outside agency the BON uses to monitor and intervene in those with chemical dependency problems, and those with DUI's. I will ask him what the nurse practice act says,

But you're right it may not be against the nurse practice act, but I do know one must jump through hoops to prove one is safe after getting a DUI. Again, it's because the overwhelming majority of persons with DUI's are alcoholics. Not fair, but true.

Regarding your statement "he hasn't been convicted of the crime", I'm not sure I know what you're saying, as the person said "I got a DUI".

Sorry, but I feel it is the business of the BON as a patient safety issue.

Marie_LPN, RN, LPN, RN · Sep 10, 2003

Originally posted by 3rdShiftGuy
BON = Board of Nursing

Thanks, Tweety, i had thought it was another abbreviation for a nursing director

Home Health Columnist / Guide · Sep 10, 2003

Curiosity made me check PA SBON website.

One must follow the rules of the SBON so check out yours before seeing a lawyer

Section 6. Fees; Qualifications for Licensure.--(a) No application for licensure as a registered nurse shall be considered unless accompanied by a fee determined by the Board by regulation. Every applicant, to be eligible for examination for licensure as a registered nurse, shall furnish evidence satisfactory to the Board that he or she is of good moral character, has completed work equal to a standard high school course as evaluated by the Board and has satisfactorily completed an approved program of professional nursing. ...

© The Board shall not issue a license or certificate to an applicant who has been convicted of a felonious act prohibited by the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or convicted of a felony relating to a controlled substance in a court of law of the United States or any other state, territory or country unless:

(1) at least ten (10) years have elapsed from the date of conviction;

(2) the applicant satisfactorily demonstrates to the Board that he has made significant progress in personal rehabilitation since the conviction such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of patients or the public or a substantial risk of further criminal violations; and

(3) the applicant otherwise satisfies the qualifications contained in or authorized by this act.

As used in this subsection the term "convicted" shall include a judgment, an admission of guilt or a plea of nolo contendere. An applicant's statement on the application declaring the absence of a conviction shall be deemed satisfactory evidence of the absence of a conviction, unless the Board has some evidence to the contrary.

(6 amended June 29, 2002, P.L.651, No.99)

http://www.dos.state.pa.us/bpoa/lib/bpoa/20/nurs_board/nurseact.pdf

Y2KRN · Sep 10, 2003

Hello,

I am soo sorry to hear about your plight, and I think that taking responsibility for your actions is very commendable.

I am an ER nurse and I once had a patient that I would not discharge because I gave him narcotics and he did not have a ride home and wanted to drive himself. I said you could hurt yourself or others and he said to me, " I would probably hurt someone else before myself that is the way it goes and I don't care that's life." I was never soo disillusioned and mad as I was at that moment. I literally wanted to choke him, then turn on the defibrillator and shock him into reality. Or maybe it was me who was not living in reality, I don't know.

I know you will definately think a lot more before you ever drink or drive again!

Tweety, BSN, RN · Sep 10, 2003

I haven't had time to check the FL BON yet. But my friend says that every DUI is reported to the BON, not sure of the mechanism of reporting if it's electronic or what.

But not every DUI causes a person to have to enter the intervention project and a DUI is technically not against the nurse practice act if it's alcohol. Drugs is another story however.

In other words, a DUI does not necessary have consequences from a nursing standpoint, but the BON is aware of it. I'm not sure why my coworker had to jump through so many hoops, I guess because he was coming from another state.

Eddye · Sep 10, 2003

Originally posted by NRSKarenRN
Curiosity made me check PA SBON website.

One must follow the rules of the SBON so check out yours before seeing a lawyer

© The Board shall not issue a license or certificate to an applicant who has been convicted of a felonious act prohibited by the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or convicted of a felony relating to a controlled substance in a court of law of the United States or any other state, territory or country unless:

(6 amended June 29, 2002, P.L.651, No.99)

http://www.dos.state.pa.us/bpoa/lib/bpoa/20/nurs_board/nurseact.pdf

Didn't read the site, I am just going by what you have posted here so I don't know if alcohol related offenses are mentioned but (and I'm not saying anyone is right for drinking and driving), DUI's in most states (up to 2nd and 3rd offenses in some states) are tried and convicted not as felonies, but as misdemeanors!! I know, hard to believe, yet true.

nurseattorney · Sep 10, 2003

Whenever a nurse is convicted of a crime, there will no doubt be in an investigation by the Board of Nursing. Contact a nurse attorney in your state that practices before the BON for advice on how to proceed. Hopefully, you have professional Liability Insurance which will cover attorneys fees and costs associated with defending your license before the Board.

Brownms46 · Sep 11, 2003

On Nurse lawyer on the BB! How totally cool!!!