Legal Rights as a RN with DUI conviction

suzanne4, RN · Jul 6, 2005

I suggest that you get a good lawyer as soon as possible to represent you. Each state its onw rulings, as well as jurisdiction, and we are unable to provide legal advice here. The state BON can do as they please, they handle review each case on itw own merits and make their decision

LadyMadonna · Jul 6, 2005

Since this is your second DUI, does the BON want to send you through the peer assistance program for drug/alcohol abuse?

You may have heard that you can't fight city hall. I think the same thing would apply to the BON. If you go before the board to explain your story, I am going to have a hard time believing they will change their minds, especially in dealing with a second DUI. But maybe they will be willing to work with you to ensure you won't have this issue again...or at least attempt it.

DUI's lead to more problems than a suspended nursing license...how will you get to work, unless you live within walking distance?

I feel for you, this is a difficult thing to go through for sure.

Dalzac, LPN, LVN, RN · Jul 6, 2005

I don't know about your state,but in this state the BON will refer you to the peer assistance program. If you have hac 2 dui's there is a problem and it isn't with your BON. The way they look at it is if you are irresponsible enough to get behind the wheel of a car when impaired, then what is to stop you from taking care of patients while you are impaired. I am not lecturing you it is just how they think. I work on the peer asstistance program in our state so I can pretty much tell you what they are trying to do. And what they want for you and the public.

ERRN2005 · Jul 7, 2005

I don't know about your state,but in this state the BON will refer you to the peer assistance program. If you have hac 2 dui's there is a problem and it isn't with your BON. The way they look at it is if you are irresponsible enough to get behind the wheel of a car when impaired, then what is to stop you from taking care of patients while you are impaired. I am not lecturing you it is just how they think. I work on the peer asstistance program in our state so I can pretty much tell you what they are trying to do. And what they want for you and the public.

I have already completed outpatient treatment and I'm staying sobor, because I said I don't care to go to AA meetings I think they fell Im not going to stay sobor. It took them over 9 months to respond to my self report, I already have been dismissed from everything through the court system I'm off probation and I never lost my drivers liscense, I did the interlock system on my car for 6 months, so I guess I am not sure why probation wasn't an option. Just looking for anyone else who may have ran into this. I think every person should be evaluated for the person they are, I have no disciplanary actions at my job and I'm a respected and well trusted nurse who has always given a hundred percent at my job, going to work impaired is and never would be an action I would choose, drinking is not that important to me.

TracyB,RN, RN · Jul 7, 2005

Haven't had any experience with this, so I can't offer any real suggestions to you.

But, I am curious about a couple of things... Why don't you care for the AA meetings? I used to go to Al-Anon many years ago when I was married to an alcoholic. I found them very helpful & learned that his abusive drunken behavior was NOT my fault. Also, you said that drinking was not that important to you. I certainly don't mean to be rude, nosey, or offensive in any way, but how did you end up with a second DUI?

It seems to me that if you have violated the law by drinking & driving, not once, but twice, the BON where you are located is having some issues with you being a responsible citizen, even though you say you don't go to work impaired. Getting behind the wheel after drinking shows poor judgement & maybe that is what your BON is having issues with??

Again, I don't mean to be rude at all.... just trying to figure the scenario out.

underwatergirl · Jul 7, 2005

ERRN,

I agree with the board. Yes it does relate to your job as it shows irresponsibleness on your part. You should have learned after your first one, comming from losing two dear friends to people who drink and drive... I really have no empathy.

To me someone who abuses alcohol and doesn't realize his or her own limitations is a liability to patients. Yes you are not drinking on the job..however it does place suspicion in that area.

I guess you can look at it this way, if someone is charged with domestic violence..he/she will face the same prosecution from the nursing board...because of the doubts of being a responsible good nurse.

As a nurse, alot of times our personal life does relate to our career...I can understand that we are dealing with patients lives...how would you feel if an officer had 2 DUI's with no punishment with his career???

I say do your time. Talk to your nurse manager ask for a position out of patient care for 3 months. If you are a good employee your employer will work with you.

PS Next time you have a social outting...CALL a cab or get a Designated Driver...

ERRN2005 · Jul 7, 2005

Haven't had any experience with this, so I can't offer any real suggestions to you.
But, I am curious about a couple of things... Why don't you care for the AA meetings? I used to go to Al-Anon many years ago when I was married to an alcoholic. I found them very helpful & learned that his abusive drunken behavior was NOT my fault. Also, you said that drinking was not that important to you. I certainly don't mean to be rude, nosey, or offensive in any way, but how did you end up with a second DUI?
It seems to me that if you have violated the law by drinking & driving, not once, but twice, the BON where you are located is having some issues with you being a responsible citizen, even though you say you don't go to work impaired. Getting behind the wheel after drinking shows poor judgement & maybe that is what your BON is having issues with??
Again, I don't mean to be rude at all.... just trying to figure the scenario out.

No I don't care to sit and listen to a bunch of people talk about their drunk days and how they need to go to a meeting to stay sobor. Most of the meetings I've been to people leave and all you here is where they are meeting next ot go and drink. Forgive me for being an honest person and instead of playing the game that most people play and tell them what they want to hear. Yes I have made some bad decisions when drinking but 9 months later when I'm not drinking anymore is after the fact. I don't need people to be judgmental I think their are alot of biggots out there and drink alot more than I have, and driven alot more intoxicated than I was when I was stopped, I was bearly over the legal limit. If you have ever blown you would know that even 2-3 beers your over, can't imagine know one else is guilty of that? Like I said just wanted some advice from anyone else who may also have been in a similar situation that they truely just really messed up on their own time and how they dealt with it. I guess its clear though that if the BON is made up of people with the narrow minds that a DUI classifies you as someone who is irresponsible and by no way could be a good person I guess I know that honesty is not going to take me too far, because even if I never have been guilty of wrongfulness on my job I'm going to pay the penalty because of prejudgment that I might. Its crazy I've been an ER nurse for 10 years and never even have had a med error. The staff I work with back me I hope that holds some for me when I go infront of the BON.

underwatergirl · Jul 7, 2005

Hun,

I can honestly say I never drove drunk...my choice of partying buddies, all of us decide who is gonna be the person that night.

I am sorry but I am not a bigot...and how am I narrow minded or the BON when we are not sitting with DUI's. BTW I was married to a cop and blew in BAB several times, one beer reduces your reaction time to what??? Look that up, purhaps you will understand why the limit is the way it is...

I am happy you are no longing drink, awesome great for you...but the thing is, being an adult and being responsible you realize you made mistakes, now realize that in making mistakes you need to accept the consequences for them.

Just because a man killed someone 9 months ago, doesn't mean he shouldn't go to prision, when you choose to drive you made that choice. Discipline is still the best way to learn.

If your co-workers will speak for you, great..have them speak with your nurse manager...cause 3 months out of your career..doesn't compare to someone who you could have taken his/her mother/father/son/daughter away or paralized them.

Again be an adult, accept your consequences for your behavior and move on and don't drive drunk again. Seriously talk to your manager, if your as great as you say you are, they will work something out for you.

Sorry but drinking and driving is irresponsible...I don't want and nurse with a DUI taking care of my family or myself.

Do the crime plan on doing the time.

Goodluck

Kalico · Jul 7, 2005

No I don't care to sit and listen to a bunch of people talk about their drunk days and how they need to go to a meeting to stay sobor. Most of the meetings I've been to people leave and all you here is where they are meeting next ot go and drink. Forgive me for being an honest person and instead of playing the game that most people play and tell them what they want to hear. Yes I have made some bad decisions when drinking but 9 months later when I'm not drinking anymore is after the fact. I don't need people to be judgmental I think their are alot of biggots out there and drink alot more than I have, and driven alot more intoxicated than I was when I was stopped, I was bearly over the legal limit. If you have ever blown you would know that even 2-3 beers your over, can't imagine know one else is guilty of that? Like I said just wanted some advice from anyone else who may also have been in a similar situation that they truely just really messed up on their own time and how they dealt with it. I guess its clear though that if the BON is made up of people with the narrow minds that a DUI classifies you as someone who is irresponsible and by no way could be a good person I guess I know that honesty is not going to take me too far, because even if I never have been guilty of wrongfulness on my job I'm going to pay the penalty because of prejudgment that I might. Its crazy I've been an ER nurse for 10 years and never even have had a med error. The staff I work with back me I hope that holds some for me when I go infront of the BON.

Not trying to be rude or nosy here either but you did your time for the courts so why won't you accept responsibility for your "bad decisions" with the BON? That would show that you were able to be an adult about the childish decisions that you had made. As the saying goes, you made the bed, now you have to lay in it. Good luck.

ERRN2005 · Jul 7, 2005

Hun,
I can honestly say I never drove drunk...my choice of partying buddies, all of us decide who is gonna be the person that night.
I am sorry but I am not a bigot...and how am I narrow minded or the BON when we are not sitting with DUI's. BTW I was married to a cop and blew in BAB several times, one beer reduces your reaction time to what??? Look that up, purhaps you will understand why the limit is the way it is...
I am happy you are no longing drink, awesome great for you...but the thing is, being an adult and being responsible you realize you made mistakes, now realize that in making mistakes you need to accept the consequences for them.
Just because a man killed someone 9 months ago, doesn't mean he shouldn't go to prision, when you choose to drive you made that choice. Discipline is still the best way to learn.
If your co-workers will speak for you, great..have them speak with your nurse manager...cause 3 months out of your career..doesn't compare to someone who you could have taken his/her mother/father/son/daughter away or paralized them.
Again be an adult, accept your consequences for your behavior and move on and don't drive drunk again. Seriously talk to your manager, if your as great as you say you are, they will work something out for you.
Sorry but drinking and driving is irresponsible...I don't want and nurse with a DUI taking care of my family or myself.
Do the crime plan on doing the time.
Goodluck

Killing someone and not are different. I payed my debt to society and I did pay dearly, its not cheap. I think you and many other people would actually be suprised how many people you work with have crimes such as this and are in your work place. Like a I said if I would just lie to the board and tell them what they want to hear I could keep my liscense or I can be honest and truethful and loose it, crazy thought. I know I was wrong but I can assure you that I have learned from my last mistake and never plan to repeat it I just think I should of been punished when I committed the crime. Thanks for your input we obviosly don't agree and thats ok, taking good nurses out of the work place with no work related crime I feel is unfair, especially when treatment is already done. Are we not here to offer help to others? Do you know the people who teach our children don't even have to report these crimes. We were not put on earth to judge.

ERRN2005 · Jul 7, 2005

Not trying to be rude or nosy here either but you did your time for the courts so why won't you accept responsibility for your "bad decisions" with the BON? That would show that you were able to be an adult about the childish decisions that you had made. As the saying goes, you made the bed, now you have to lay in it. Good luck.

I have accepted my consequences for my behavior, its amazing to me tht no one out there has ever had a similar situation. Honestly do you really believe taking a nurse out of the work force for this is the right approach. Please probation is more appropriate. People who are busted stealing drugs from the pyxis get less just because they say they are addicted. Again as I said I was looking for some advise on this not insults I already feel bad, and yes I would love to turn back time. I guess until you mess up yourself you can not possibly know what this is like and if you never do than hats off to you. I know I'm not perfect but I also believe in forgivness and working with people to help everyone come out with a positive solution. 2 wrongs don't make it right and we as medical people are supposed to understand that. I'll except the suspension if that is what they want after I they hear my side, an investigation is all one sided when you self report, its the criminal record and tha is it. 3 months of unemployment I'm sure is a real positive way to teach a person a lesson, what ever.