Just got a DUI. Need info/help.

xenogenetic · Feb 22, 2012

Definitely hire a lawyer immediately! Your lawyer will probably tell you to very carefully read the employment agreement that you have with your employer and determine whether they require you to immediately report to them any arrests OR convictions. Usually employers will only require that you report any convictions because of the due process that you're entitled to as an American is to be presumed innocent until proven guilty.

Don't lose hope! One of my good friends is an attorney and got caught for a DUI AND got caught trying to bribe the cop with a $10,000.00 cash offer to let him go once he was in the back of the police car. The story made the front page of our local paper! He got off and kept his law license on a technical mistake that the police dept made by not getting a written copy of the breathalizer results to him within ten business days as they were required to do by law. He got VERY lucky! My lawyer friend hired a lawyer specializing in DUIs who picked up on this technical mis-step so, yes, hiring a lawyer is definitely worth it! Hire a lawyer specializing in DUIs FIRST, and then do what he/she tells you from there (talking to union rep, your manager, board of nursing, etc.) and don't say anything to anyone unless your attorney okays it first.

DixieRedHead, ASN, RN · Feb 22, 2012

Definitely talk to your union rep for some good advice. And hire a lawyer. Do this today.

ckh23, BSN, RN · Feb 22, 2012

I wouldn't speak with anyone until you consult and attorney specializing in DUI's. That also includes posting information on an internet forum.

Patti_RN · Feb 22, 2012

Every state is different, and every case is different. I can't imagine NOT hiring a lawyer, no matter what you think you may be faced with, or what your particular state laws are, or what your employment contract spells out.

Find an attorney who specializes in DUI's and also speak with an employment attorney. If you go to a large law firm they will probably have both kinds of specialist lawyers on staff and they can work cooperatively on your case. This will be expensive, but you have a lot to lose by not finding a legal advocate to work for you.

And, I'm not judging or being condescending, nor do I know your situation, but consider how you got into this mess and really examine what you need to do to make sure it never happens again.

Best of luck to you. I hope everything turns out in your favor.

Esme12, ASN, BSN, RN · Feb 22, 2012

Do as others have said. Say nothing. To anyone. Call an attorney FIRST. A DUI attorney who has represented nurses. You aren't the first and you won't be the last. If you have malpractice I'd call them and ask for some names. Then.....follow their advice. Call your union headquarters legal department, I am sure they have dealt with this before.

:hug: It willl be OK.

GitanoRN, BSN, MSN, RN · Feb 22, 2012

Unquestionably, I agree with all previous post. However, when everything is set and done, you need to deal with your own personal problems, in order to find out what brought you to this state of mind; you sound like a great person. Consequently, sometimes we tend to hide deep down inside our personal problems, and they tend to manifest themselves in chaos. I sincerely wish you the very best in this situation, and in all of your future endeavors...Aloha~

somepartsam · Feb 22, 2012

Thanks.So my work will only find out if I tell them?

jbluehorseh · Feb 22, 2012

Take the time to look at the BRN web site. Have friend or attorney call the BRN. the following is off the web site under diversion, also take a look at the Nurse Practice act

Pursuant to Business and Professions Code Section 2750, the Board of Registered Nursing has authority to discipline a registered nursing license for violation of the Nursing Practice Act. The disciplinary penalty is determined based on a number of factors including but not limited to: severity and recency of offense, rehabilitation evidence, current ability to practice safely, mitigating factors, and past disciplinary history

"19. I have had one DUI, is this program for me?

The Diversion Program is a very challenging and intensive program designed to help those who do have a chemical dependency problem. If this truly was a one-time event, the Diversion Program may not benefit you and a Diversion Evaluation Committee may not accept you into the program. Keep in mind, however, that just because you only had one DUI does not necessarily mean you haven't been driving under the influence before, or that you don't have a problem--it may mean that this was the only time you were caught. Only you know what is going on in your life. If you choose not to enter the program, any complaints we have received will be investigated. You will have the opportunity to tell your side of the story and to describe what rehabilitative steps you have taken since your DUI.

mntcra · Feb 22, 2012

I got a DUI/open container in Oklahoma City, Ok in 2001. I got a lawyer for court and law purposes. As for my job, I did not tell anyone. When I applied for my TX RN license, I reported my DUI. I got a lawyer and wrote a paper/sent in more information. I got my RN TX license for nursing and had it ever since w/o problems on all my renewals. If you are on probation, (usually two years), it will be next to impossible to find another job or volunteer work, until you are off probation. Also, you may have to be off probation to get a new license/or maybe not, I am not sure--but you better check. I do not know the laws in your state, but getting a lawyer would be best, whatever you do, don't leave your job until your probation ends and you get your certified copy of your Judgement and Sentence and dismissal of all your counts from the courts-this will be the last thing to do when your probation ends.

PacoUSA, BSN, RN · Feb 22, 2012

Clearly, everyone else that has said GET A LAWYER is correct. That is your priority right now before addressing anything else. Sounds to me like this was a wake-up call for you, I am hoping everything works out for you in every way possible.

princess papooli · Feb 23, 2012

Here in California, it doesn't matter if this was your only offense, your fingerprints are on there way to the BRN and your are flagged. It is in your best interest to contact the BRN NOW and ask for diversion, before you are forced into Probation, which can cost you thousands of dollars in the process. A lawyer will not help you get out of this matter, I know as I spoke to a nurse attorney who advised me thatthis is not an easy case to fight, but you will need an attorney if you choose to go the probation route, which makes your arrest PUBLIC RECORD and your nursing license will forever have a notation that it was under diciplinary santions. The diversion route is a pain in the back field, but there is no citation on your license. Either way, this is not an easy road to haul. You will be:

required to go to AA / NA meetings 7 days a week' rain, shine, kids graduation ceremony, spouses heart attack, parent's death, no excuses,

not work for at least 1 year (and good luck finding work after you are allowd to do so),

attend nurse support group, which is the only place you will get any answers on what or how to do this "life saving" intervention process,

get the oppertunity to call FIRSTLAB daily to see iff you have to provide a UA, enjoy the special pleasure of pee-ing in front of total strangers after they scope you out to be sure you didn't rig something up your a** to provide someone else's "clean" urine,

turn in TONS of paperwork & documentation, which the diversion provider loses and then you, you lucky soul, are deemed "non-compliant",

and then the FUN begins...you go before a DEC board which is a group of 4 professions in addiction and a community lay-person, and they proceed to rip you a new one, manipulate everything you had answered in your intake interview and you leave wishing you get a "good cancer" which will take you out in 6 months to a year rather than suffer through this heartless, demeaning process for 3 years ( I have heard this last response from a number of nurses awaiting their DEC meeting)!

Going through it now, hating every minute of it. If anything, call the BRN, self-report, don't let them "catch you" by them finding out about your DUI by other means, and come join the fun.