New Grad with recent DUI; denied licensure

[nursingnerd25]

Hello all,

I am in real need of advice so if anyone is in my same book or has had a similar issue please let me know how you resolved it. Thanks! Here goes...

I recently received a DUI in June 2011 during my last semester of nursing school. I wasnt driving at the time of being pulled over and was merely sleeping on the side of the road because I relized I had made a poor judgement. My BAC was 0.22.

I graduated and received by BSN in August 2011.

The DUI case was originally thrown back of the DA's office for lack of evidence but later reintroduced as the police department resubmitted my chargers. I applied to the BRN with an open case at the time since I had not been found guilty, however, the BRN would not grant nor deny me licensure until my case had been settled. I plead guilty to the charges in Jan 2012 thinking that if I completed all court requirements and showed rehabilative measures (although it was simply a one time occurance and I do not have an alcohol addiction) I would be granted licensure.... Wrong! My application for Registered Nurse in CA was denied in May 2012.

This leaves me 2 options... 1) filing an appeal that I heard can take over 6 months or if denied I can not reapply for licensure for one year from that date or 2) reapply in one year

Any advice or does someone have a list of Nurse Licensing Lawyers in the Southern CA area. I would greatly appreciate it.

To make matters worse, I have applied to two hospitals in the area and have disclosed my DUI conviction and have been hired pending getting my licensure. PLEASE HELP! Thanks

[nursingnerd25]

So as for an update... I hired a nurse attorney and I sent in my letter to appeal/wishes for a stipulated agreement in on July 5, 2012. It's now almost October 5, 2012 (3 months later) and I have yet to hear of anything besides the BRN stating they received it. I have not been contacted by the Attorney General and was wondering in the state of CA how long this process normally takes. I currently have been offered 2 different jobs at hospitals and they are waiting on me to be approved to take the NCLEX. In addition, both employeers are aware of my circumstance. Any help is much appreciated. Thanks

[neal425]

@nursingnerd25

Im in the same boat as you. I sent my appeal in July as well and have not heard anything. I tried to contact my case manager and recieved no luck. Left plenty of messages and no call back. CA BRN is a piece of crap. I have applied to BON at Oregon and Washington. I am eligible to recieve ATT from both states as soon as i register for the NCLEX. These two states work fast. I am not sure though if these states give you an ATT before your background check clears, becasue some states do this. I would advise you to start looking out of state. I recieved my DUI a couple months before graduation. I blew .20 which is pretty darn bad. I consulted a lawyer regarding how long it will take to recieved the letter from the attorney general and he said 6 months to 1 year.

[isotao]

Sad news for the 1000's of nurses and potential nurses in California that are arrested every year for DUI (among the total 250,000 DUI arrests statewide every year): The California Court Appeals ruled in July, 2012, that any nurse with even her first DUI conviction can have her nursing license automatically revoked by the BON. If this stands, it means that you will lose your license with no further due process from the BON, regardless of whether you hire a lawyer, etc. In my estimation, also, if this ruling stands, it means that no graduate nurse will be eligible to receive a license from the California BON is she has a DUI. On another note- if this law stands, it makes it definitive that no prospective nursing student would even consider the throught of attending nursing school with a DUI conviction, which would end the wasted time and money spent by those wondering if they graduate...WILL the BON give them a license??

[donnacarol]

I got a DUI in Dec 2009, the first semester of nursing school. When it came time to sit for the NCLEX, the BRN declined my application. The next year I went back and forth between the Board and the Attorney General's Office and finally entered into a stipulated agreement regarding the status of my license. I agreed to the conditions of probation and have to submit to random urine tests (must check-in daily), attend 1 AA meeting and 1 nurse support group a week. Probation will last 3 years.

[nursingnerd25]

How did you go back and forth with the BRN and the Attorney General's Office? I can't seem to get a hold of anyone nor find out what is going on with the status of my appeal. I sent my appeal July 5, 2012 and haven't heard a thing besides the BRN receiving my paperwork. Did you still have the specific numbers you called?

[lysosome]

Hi everyone, I would like to share a similar story I have. Long story short. I have a total of 2 DUI's. One back in 2005 and the second one in 2010, right before I started nursing school. I recently graduated in December, 2012. I knew when I applied for BON that it would take sometime for them to get back to me. I started my application in the beginning of December. I provided proof of court documents along with my rehabilitation, police report surrounding my arrest (this is a must, otherwise, the BRN would not even look at your application), two reference letters from your clinical instructors or professors or even better the director of nursing, letter of explanation explaining your a change person to support your application. The BRN received my application for licensing around mid December, from there since I had prior convictions, everything stops the process. My file got moved to Enforcement Department for evaluation and get assigned to analysis. From there, it took another 3 months for approval or denial. Today, I received a letter that my application got denied. However, if I choose to appeal. They will go ahead and let me take my license once they received my appeal letter BUT my result will not be release. In the appeal, there were 2 options to choose from. Either I choose to appeal in court or go with the alternative stipulation formative appeal. I choose to do the alternative stipulation. And I will be mailing my appeal letter this week. According to what was stated from the BON. They give me permission to take my nclex once they received that appeal letter and while everything is still in process of the attorney general.

[lysosome]

Hi guys! For those who will come across this page. This is an update from my previous post above. I sent my appeal about a week and half ago, like March 22nd. Received a mail on Monday, April 1st that they received it. Yesterday, was Thursday, April 4, 2013. I received a letter from the BRN for approval to take my board. Im so happy and excited. I scheduled to take my board at the end of this month. However, my result wont be release because it's still need to go through general attorney for alternative stipulation. I'm ok with that. Most importantly, is being able to take the board since everything is still fresh in my head. I was told it can take another few months before they can release my result to me. By then, Im hoping ill get into the new grad program. At the meantime, once I hear from the general attorney. I will keep you guys posted as to what stipulation apply to me.

[SuzieVN]

.22 is aggravated DUI in many states, which is a felony. What was your final conviction?

[NRSKarenRN, BSN, RN]

Best wishes moving forward lysosome :)

[Jory, MSN, APRN, CNM]

Unfortunately, I don't have any advice, because you have a recent conviction.

All I can say is that your lawyer sucked beyond belief.

[lysosome]

Update: Today I took my board. I don't really know what to think of it. I cant say it was hard nor it was easy. I had tons of SATA. It was like every 2-3 questions I was getting it. I want to say I had at least 20-25 questions that were SATA. 5 drag and drop, 10-15 prioritizing questions, 5 to 8 on infection control, a few on medication and lastly a lot on procedures and lab values. My computer shut off at 75 questions. Since I signed the waiver for the BRN not to release my result. I'm not sure if the pearson vue trick will apply to me. Now, i have to wait until the general attorney contact me with my stipulation. Once I signed that thats when the BRN will contact me if I pass or fail. I'm praying I did pass. Now, the waiting game starts.

[Meriwhen, ASN, BSN, MSN, RN]

Best of luck, lysosome.