I'm Desperate - Got drunk, crashed my car, got arrested, now what?

Dear Nurse Beth Advice Column - The following letter submitted anonymously in search for answers. Join the conversation!

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Hi Nurse Beth,

I desperately need your advice/help while I'm going through this situation. First I'll explain what happened to land me where I'm at today. Also I reside in Arizona, one of the strictest states on DUI's so keep that in mind.... So I was out with friends one Saturday at a club and got drunk. No, I did not drive to the club, I rode with friends. After we were done, I was driven back to my friend's apartment and I chilled there for about an hour (drank water and relaxed) then once I felt ready to drive back home, I left. Worst decision of my life.

As I drove back home, I fell asleep 3 mins away from my house and crashed my car. Thank GOD nobody was hurt or killed nor did I hit anyone's private property or car. I just hit the sidewalk and crashed my car. By the time of the accident it was about 3.6 hours since I had my last drink. At first when the cops showed up they literally could not tell I had any alcohol in my system because of how alert and informative I was (the paramedics and cops even asked me what I did for a living and I told them I was a nursing student), however I was 100% honest about what I was doing prior to the accident and they did a field sobriety test and what not...long story short I was arrested.

Right now I'm waiting on my BAC test to come back and the police report bc the police did not notify me what I blew at all. I'm honestly confused because the cops were all so nice and easy going with me, which has my attorney and I suspecting I didn't blow THAT high, so we are assuming below .08. All in all I had alcohol in my system whether it was a little or a lot, I sincerely know what I did was wrong and I am never going to make this mistake again.

With all that being said, what does this mean for nursing school? I spoke with my attorney and I was told not to say anything to my Dean of Nurses at my school because I have not been convicted or charged with anything yet. In fact it could be months before we know what I am charged with since this isn't a high priority case. I've already gone through a background check for school and everything is clear. Pretty much for now I'm supposed to lay low and just get rides to school and clinical. But is this the wrong move to make?

I don't want to be scrutinised by my professors or Dean when I graduate for not telling them what happened from the jump. Furthermore, what does this mean for licensing? I graduate May 2023 and I have no idea if my case will even be started or resolved by that time. I am going to have this charge set aside for sure for future employment but IDK when I'll be able to complete that process because I have to pay all my fines and serve time if I get any. Overall I just need someone to let me know the right moves to make moving forward so I can become a Registered Nurse and have the opportunity to save and impact lives in a positive way! 

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Specializes in Tele, ICU, Staff Development.

Nurse Got Arrested - Now What?

I'm so sorry about your situation. It's scary and must be overwhelming. Hopefully a tangible plan and knowledge will help get you through this. You are not the first nursing student in this situation, by a long shot. It could be a lot worse, and there are many things in your favour.

It's too soon to know how this is going to affect your ability to get a nursing license. So first of all, continue in your classes and do not let your schooling suffer. Show up and focus.

Nursing School

Your attorney's advice is to not inform the Dean. But that could be a problem. While your attorney may know what is legally required to report to an employer, that doesn't necessarily translate to nursing school terms and agreements. Ask your attorney if he/she is aware of your specific nursing school's reporting requirements. It may be true that you don't have to report an arrest, but then again, it may not be true.  I'd make very sure.

It's imperative for you to find out very soon what the nursing school requires you to report while in the program (not what the law requires), whether it be arrests, charges, or convictions. It is possible that a DUI charge must be reported within a certain amount of time because it's conduct that affects patient safety and may make you ineligible to attend clinicals. 

Even if you are not technically/legally required to self-report (which is doubtful), your school will find out in time because the BON will notify them when they process your application to test (ATT) at the end of your program, and schools do not like to be blindsided.

Moving forward, you are going to need an attorney who specialises in representing nurses to the Arizona Board of Nursing, not just an attorney who specialises in DUI cases. Contact the American Association of Nurse Attorneys for help locating an attorney in your area https://taana.or

Having the right attorney can make the difference between having your license application denied or approved.

Arizona

 You're right, Arizona is strict. Unlike some states, Arizona sentences first time offenders to jail time. In all states, it's illegal to drive with a blood alcohol level of .08 or more.  In Arizona, a BAC of .150 to .199 is an extreme DUI with far weightier consequences.

You have no priors and no aggravating circumstances. No one was injured and you are taking responsibility, this is all good.

You are facing costs and consequences. You may have to attend classes, pay fines, face license suspension, install an ignition interlock device and even do jail time. Whatever the court requires, do it to the letter.

Later on, the BON  will need documentation that you complied with everything the court required. Keep every single document from here on out. Start a file. You will be asked for everything, including arrest records.

Board of Nursing Licensure Application

Towards the end of your approved program, your school will submit documentation to the Arizona BON that you have completed the required curriculum and have earned a diploma or degree. At the same time, you will personally apply to the BON for initial licensure. Upon approval, you will receive an authorization to test (ATT) from the BON, allowing you to take the NCLEX.

Before an ATT is granted, the BON will conduct a background check. This is unlike a nursing school background check, and unlike most employer background checks. It's a fingerprint-based FBI-level criminal investigation. For example, in a routine employer background check, expunged records are not revealed. But in a nursing licensure background check, expunged records are revealed. This difference is because employers do not have to pay for extensive background checks whereas the state has a mandate to protect the public when issuing licenses and must perform the deepest check possible. 

When you have any kind of a background, how you answer your application questions is key. Failing to truthfully answer all questions on your application to the BON backfires. It can be considered a greater offense than the actual criminal charges.
The questions vary from state to state. For example, some states ask if you've had any misdemeanors or traffic violations with the exception of traffic tickets with fines under $300.00. Other states may ask only if you've ever been convicted of a felony or misdemeanor, others still may ask if you've ever been arrested.

Just answer exactly what is asked.

Letter of Explanation

Next you will be asked by the BON for a Letter of Explanation. Your attorney can help you compose this very important letter. They are looking for remorse and rehabilitation. In other words, an indication that you have changed and will not repeat the behaviour. This is shown by accepting responsibility, not making excuses, and showing insight into the choices that led to the behaviour.

In your letter, you do show you understand how serious this is, and do take responsibility but you also include

"At first when the cops showed up they literally could not tell I had any alcohol in my system because of how alert and informative I was (the paramedics and cops even asked me what I did for a living and I told them I was a nursing student)".

Saying in one sentence that you fell asleep and crashed your car, and in the next how alert and informative you were when driving under the influence is an example of what not to put in a Letter of Explanation. This is where your attorney can vet your explanation and help you with the focus of the letter (remorse, rehabilitation).

Changes you've made (rehabilitation) may include that you've changed your friends, or learned healthy coping mechanisms. Voluntarily attending AA meetings may very well go a long way with the BON when the time comes. A lot of times, by the time someone is arrested for a DUI, there's been a problem for awhile. Either way, whether this was a one-off or a wake-up call to over-drinking, AA can help both you and your application.

Letters testifying to your character are recommended and can be very helpful, perhaps saying that the behaviour was out of character for you, and that you have learned your lesson and changed.

So even though your application time is a ways off, you can start planning for the best outcome. Actually it's a good thing that 1.5 years will have passed between the incident and your application. It gives you time to show rehabilitation. I hope this helps.

This was one mistake. We all make mistakes. I would hate to see this ruin your chances for a nursing career and I wish you the best.

Also check out the Nurses/Recovery forum. Best wishes,

Nurse Beth

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