So I recently graduated from nursing school. About 6 months before graduation I was arrested for a DUI. Moreover, in 2016 I had multiple arrests for disorderly conduct and possession of marijuana. After my most recent arrest I figured I was screwed. I desperately sought out answers on whether I would be able to test and if so what would happen to me.
I hired a nursing license attorney right after my arrest because I knew I would have to submit a positive response to the board when applying to take my NCLEX. He had me do certain things ucb as get references, get a hair screen, get letters from my counselor and get a substance abuse evaluation. I did all of these things.
Fast forward, I recently just got finished with my board appearance to answer my positive responses. I was given approval with NO probation and NO referral to my states drug and alcohol program.
I am writing this to comfort fellow nursing students who may be worried about being able to test after having a criminal background. Yes, you will be able to test. I had four arrests (most drug or alcohol related) and I was able to test free and clear. My advice is to hire an attorney. It was the best decision I made. If you have to take out a loan. Do it! You need an attorney. There was a person that had an appearance right before me who had a DUI. This was her only charge. She did not have a lawyer and was given probation and a referral to the monitoring program. I am willing to answer anyone's questions.
If you are a student who has gotten in trouble, know that you will be OK and you will be able to test.
@Squirrelcatcat841 yes I knew about it before my boards. I first learned about it the day following my DUI. I l, like most people, started to panic search Google to see what was in store with me. I literally had no clue. I was still in nursing school. I wasnt even sure I would be able to take the NCLEX. I believe that is the information I was trying to find. I was wondering if I had just wasted four years of school. I was literally physically sick with anxiety, panic, and dread. Like a beacon of light, I found this website. In the proceeding week, I read every single post, not exaggerating I read every post. I learned alot about the process and was comforted knowing I would likely be able to test but would probably be placed on the monitoring following the BON. Don't get me wrong I was still completely in the dark about the process. It was all very new and confusing. Just know you will get through this. There is hope that you could make it through with just a slap on the hand. Like I am the least likely person to receive a lenient recommendation (or so I thought). I had already had three precious arrests, two for marijuana. Then I added a DUI that was so fresh I wasn't even a year out from the arrest when I reported to the BON via zoom. I was arrested Dec and reported the board in September. Well for whatever divine reason I was sparred the gallows. I have no clue what I did different than others. I can only provide subjective reasons why I believe I was sparred. First, I followed every recommendation from my attorney. The hardest was getting references from my professors. I needed them to mention in the recommendation they knew I had a gotten a DUI but still believed I would be a great nurse. I didn't tell the school or anyone for that matter about this arrest. Well I had to swallow my pride and be honest and just hope they would help me. Surprisingly, all my professors were very nice about it and not one of them said no. I had made the situation harder on myself imagining the badgering I would receive. Well there was no badgering only words of encouragement. These recommendations I believe held much weight because the ALJ specifically mentioned them. Second, I was not in anyway under any further punishment from the criminal side. I had completed all community service, paid my fines, etc so by the time I went to the board I was no longer connected to it in regards to probation, outstanding community service hours, or future court dates. It was completely resolved by the time I went in front of the boards. As I mentioned, one nurse was there for a DUI. She was still on probation and so the board recommended she be on probation the length of her RMA or criminal probation, which ever was longer. Please , just try to complete all court requirements before going. Without this step, nothing else matters. Additionally, I dressed very professionally and spoke to the board with respect even though it was vis webcam. Others wore whatever they wanted and did not use Sir or Ma'am some were even confrontational. Do your best to look your best and make sure you have lighting and background figured out. You will come off as more genuine. Lastly, my lawyer was badass. I told him to please suggests probation for a year instead of the three-five year RMA. I would much rather do a year of probation then to do an expensive five year RMA. IDK I just did everything I could to make sure I had a fighting chance. My lawyer was 1600 dollars. He appeared with me at the board and also wrote my positive response. In addition, he guided me through the process and told me exactly what to get. So he was a real blessing. He only handles BON related issues. He was a nurse first before becoming a lawyer. Again, good luck on your process. Really, I know how stressful it is. Just do everything possible to be successful. It will not be in vain.
@almostnurse20 what ever happened with your situation. You were to graduate the following week. I suppose you have made it to BON or are getting close. An update would be much appreciated. Hope all is well.
I can’t thank you enough for your response, your time, and your words of inspiration!
I suppose I’m slightly fortunate because my unfavorable life choice was 5 years ago, so I’m not currently tied with legal issues, and hopefully the amount of time passed will be in my favor.
Apparently I need your lawyer and to apply in your state wherever that is ? Hopefully somewhere sunny and warm!
On a serious note, I’ve been told from some who haven’t gone through the process that I could make it through without a lawyer, but you may be steering me in the right direction of having legal counsel on my side.
@Squirrelcatcat841 OMG please get a lawyer. I mean it is worth it's weight in gold. Mine was 1600 dollars. The positive response is so important and they will draft it for you. It needs to worded in a very specific way. For example, you want to provide information but not too much information. Like literally, please get a lawyer. Even if you didn't need them it will still be worth it. You look so much better with one. Mine answered most questions the board had. I answered questions specifically addressed to me. Again, PLEASE GET A LAWYER. I don't know what I could say to convince you. Please get one. How mad would you be if you get a negative recommendation. You would hate yourself for not getting one. I said you need to do everything possible to get a positive resolution. This includes coughing up money to get a lawyer. It is essential. I hope I stressed how important it is to have a lawyer. Would you go to court without a lawyer? Would you represent yourself in a criminal matter? Of course not? This is court, albeit it is administrative law, but that is irrelevant to the point. It's court, you need a lawyer. They have handled hundreds of these cases. It makes 0 sense not to hire one especially for you. Yours is five years old. A lawyer would have a very strong chance of getting you a positive resolution. You will not be anywhere near as effective as they will be. Dude I specifically mentioned that I was the only person that had a lawyer. Granted I didn't sit through the entire meeting, I was 33 out of 200+. Every person except maybe 2 without lawyers got a negative recommendation. PLEASE GET A LAWYER. I don't know your specific situation but if you only have a 5 year old DUI, you have a very solid chance of getting off. These chances are magnified 100x with an effective license defense attorney.
@Squirrelcatcat841 yes you hear every person's case before you. You watch them get asked about a very sensitive time of their life. It's there for everyone to see. In some ways it was good. I was able to hear two other DUI cases and kinda knew what they were going to ask. It also made me a little more comfortable because I was expecting to be like interogated but it was a fairly pleasant meeting. They were mean or belittling. They just want to know what happened and ask you questions to understand if you are a risk or not. It was nothing like what I thought it would be. It was pleasant and quick. Notwithstanding, it was still stressful. I was drenched in sweat by the time I was done just because I just knew the ALJ was going to recommend an RMA and when he didn't I was so joyous. Like they tell you right then what they are going to recommend. That's a plus too is that you don't have to wait and wait for a decision. They tell you right then what their recommendation is. Well at least in my state. And I'll say I am your neighbor state. Again, please get a lawyer. Like I literally can't stress it hard enough. I just don't get why you wouldn't. Why risk it? That 1600 will never be thought of again by me. I would've paid double that if I had to. You said people who haven't gone through the process are saying you don't need one? Was "hadn't" a typo or are you really trusting people who haven't been through the process. I've gone through the process as have countless on this site. The number one recommendation you will see from anyone on this site is to get a lawyer.
Okay, you’re right about getting a lawyer as well as the recommendations all throughout this board. I contacted one at the beginning of this year and told him I would contact him again when I’m closer to graduating. I’m now a couple months away and I’ll be contacting him in January. He’s $2,000, but probably money well spent.
This is my only question and I promise I won’t ask anymore about this: Are you in Indiana or KY? If so, I might seriously consider applying in either state. I’ve just heard horrible things about the Ohio BON.
Also I’m glad you told me the Zoom situation these days with Covid so I know to possibly (hopefully) expect that now. I think I would rather be sweating buckets at home.
Well I'm not in Kentucky ? if you do go that route look up Lori Brown Law Office. She only does BON cases. She is also on this site and answers people's questions. I used Todd Ess from her office and it was the best money I've ever spent.
You also need a lawyer NOW. It takes a a few months to get everything done. Substance abuse eval- $200 dollars was the only other recommendation from my lawyer that cost. Well I also had a hair follicle test which was $85 and a urine panel for the substance abuse eval was $35.
@Betterdaystocome Hey! Yeah so I actually graduate this week. I’ve done drug and alcohol evaluation, therapy evaluation by an actual doctor (both said I do not have a substance abuse disorder and that I don’t need any further treatment). I’ve also done two online courses recommended by my attorney as well as a victim impact class. I also have three letters of recommendation all from nurses and one is a house supervisor. I have my dui class left when is on the 12th and then I will be applying to the board. I am nervous because my case is an open case still but my attorney has been doing this for a while and says he feels like I will be fine with the board. I will keep everyone updated with what all happens regarding if they give me a probationary license or if I’m lucky enough to walk away with an unrestricted license ?
Betterdaystocome
32 Posts
@Squirrelcatcat841 yes I knew about it before my boards. I first learned about it the day following my DUI. I l, like most people, started to panic search Google to see what was in store with me. I literally had no clue. I was still in nursing school. I wasnt even sure I would be able to take the NCLEX. I believe that is the information I was trying to find. I was wondering if I had just wasted four years of school. I was literally physically sick with anxiety, panic, and dread. Like a beacon of light, I found this website. In the proceeding week, I read every single post, not exaggerating I read every post. I learned alot about the process and was comforted knowing I would likely be able to test but would probably be placed on the monitoring following the BON. Don't get me wrong I was still completely in the dark about the process. It was all very new and confusing. Just know you will get through this. There is hope that you could make it through with just a slap on the hand. Like I am the least likely person to receive a lenient recommendation (or so I thought). I had already had three precious arrests, two for marijuana. Then I added a DUI that was so fresh I wasn't even a year out from the arrest when I reported to the BON via zoom. I was arrested Dec and reported the board in September. Well for whatever divine reason I was sparred the gallows. I have no clue what I did different than others. I can only provide subjective reasons why I believe I was sparred. First, I followed every recommendation from my attorney. The hardest was getting references from my professors. I needed them to mention in the recommendation they knew I had a gotten a DUI but still believed I would be a great nurse. I didn't tell the school or anyone for that matter about this arrest. Well I had to swallow my pride and be honest and just hope they would help me. Surprisingly, all my professors were very nice about it and not one of them said no. I had made the situation harder on myself imagining the badgering I would receive. Well there was no badgering only words of encouragement. These recommendations I believe held much weight because the ALJ specifically mentioned them. Second, I was not in anyway under any further punishment from the criminal side. I had completed all community service, paid my fines, etc so by the time I went to the board I was no longer connected to it in regards to probation, outstanding community service hours, or future court dates. It was completely resolved by the time I went in front of the boards. As I mentioned, one nurse was there for a DUI. She was still on probation and so the board recommended she be on probation the length of her RMA or criminal probation, which ever was longer. Please , just try to complete all court requirements before going. Without this step, nothing else matters. Additionally, I dressed very professionally and spoke to the board with respect even though it was vis webcam. Others wore whatever they wanted and did not use Sir or Ma'am some were even confrontational. Do your best to look your best and make sure you have lighting and background figured out. You will come off as more genuine. Lastly, my lawyer was badass. I told him to please suggests probation for a year instead of the three-five year RMA. I would much rather do a year of probation then to do an expensive five year RMA. IDK I just did everything I could to make sure I had a fighting chance. My lawyer was 1600 dollars. He appeared with me at the board and also wrote my positive response. In addition, he guided me through the process and told me exactly what to get. So he was a real blessing. He only handles BON related issues. He was a nurse first before becoming a lawyer. Again, good luck on your process. Really, I know how stressful it is. Just do everything possible to be successful. It will not be in vain.