modification of probation after 1 year

catsmeow1972, BSN, RN · Oct 10, 2016

Unfortunately, the BONs, ergo the "alternative to discipline" programs Don't.Care! All individuals are treated the same regardless of why you are there. It's easier for them to issue generic contracts with generic stipulations. Less work for them that way. As you may have figured out by now, there is nothing! rehabilitative about these programs. It is punishment plain and simple. I get that a DUI is serious, as is anything else that may call into question safety in practice, but does it really take 3 years (or 5 as in many states) to ascertain that? Shoot, probation/jail for felony assault and battery charges is very frequently less than that (I don't know that personally, but you get the point.) Aside from the punitive nature of these things, they are quite the money maker. Google it, you will find much information on the conflict of interest issues, and financial coziness regarding the "approved" evaluators, treatment facilities and ownership in testing arms of these programs. I am not in Cali, but I would bet my bippy that you are not getting out of the testing nor is alcohol use going to be permitted.

So far as the low, medium, high risk idea. Yes a nice idea but the problem is that you are thinking rationally and not realizing that your misery is creating work for someone and allowing them to justify their job and actions.

i am sorry this has happened to you and i am sorry i come across as negative, but sadly, I honestly believe I am also right.

dirtyhippiegirl, BSN, RN · Oct 10, 2016

Yeah, there is absolutely no way that they will nix your UAs or let you drink for the reasons above. I think the changes to the stipulations refers mostly to work-related stuff like being able to pass narcotics or occ work overtime or whatever.

gabby3 · Oct 10, 2016

I agree, I am from ca. I know individuals that are on probation from DUI from over 20 years ago and the individuals that get exceptions are usually ones that have a contract due to psych. I know of nurses with contracts because of depression and admitted they see a psychiatrist.

If its dui and or prior med drug use even legal alcohol, the contract doesn't change.

At least it's not 5 years like Florida.

gnurse2089 · Oct 11, 2016

Hey man, same boat as you, 3 years probation for my first DUI, never any priors or anything after, though in my case it happened a few months after I got my RN license. I was always of the opinion you had to be trashed to get a DUI, sadly I got mine after four beers.

I also feel the board should actually take a look at the person they're disciplining and not the crime to decide on a punishment but sadly doesn't look like that'll happen any time soon. Let it be known that once this probationary period is over I am gonna celebrate with a nice cold one...and then call a cab right after of course.

As far as reducing the stipulations go, everyone in my nurse support group says they requested a lowering of their work stipulations, but they did say the testing gets less frequent once you enter the second year so at least the cost will go down there.

I would consult with a lawyer about requesting a rule out after a year. I don't think I would go the route of saying, "I just want to have a beer every now and then." but maybe you can argue that the cost of testing is an impedement to your life? I'm sure as a new grad you're not making the best money as an RN, and like myself, may have student loans you owe. I think it could be easily argued that the near 300 bucks a month we spend on random testing is unneccessary torture, especially after a year of clean testing.

Also, a lot of people in my group have had success terminating their probation early after 2 years, and these are people with way worse situations than a DUI on their records, so at the very least know it probably won't be a whole 3 years.

CryssyD · Oct 15, 2016

I got my DUI for using a muscle relaxant that was prescribed for me. Had nothing whatsoever to do with my being a nurse, except that I should have known better than to take it before I got home. I did anywhere from 2 to 4 tests a month for 5 years, and never once dreamed I would get an "exception."

These programs treat all participants exactly the same. It's much easier for them that way, and they don't have to worry about being held liable if they made an individual assessment that turns out to be wrong. It isn't really fair, but that's just how it is.

Be careful about considering alcohol as separate from drugs. It's still a mind-altering substance, people abuse it, and people get addicted to it. Try telling a recovering alcoholic that it's OK to drink occasionally. Please don't get on that high horse--alcoholics aren't any better than or different from drug addicts.

ALL addicts think the circumstances of their lives are unique and the normal rules don't apply to them. If you go to meetings, ask your sponsor or any longtime member about how different you are from everyone else and only one DUI years ago means you don't have a problem. He's heard it before, I guarantee it. I know I've heard it before--from almost every newcomer to my NA group. Besides, everyone has only one DUI--until they get their second.

Sorry to come down on you like that, because I don't know you. It's entirely possible that you don't have a problem with alcohol. The thing is, it isn't up to the program to prove that you ARE an addict: It's up to YOU to prove that you're NOT.

Best wishes, and good luck. Don't ask your monitor--it'll be wasted breath.

caliotter3 · Oct 15, 2016

"I am in this boat due to a prior DUI". Would guess that you would find it difficult to change the Board's collective mind in this matter, otherwise, they would not have placed you in this program to begin with.