dui: diversion program or take chance with nursing board

Nurses Criminal

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Hello to all. I'm new to site . I'm looking for answers for Dui situation. I've been putting my question in search sites but not able to find my answers. My situation is that I have a DUI and received a letter to choose between diversion program or go before the board and get probation or enforcement program. I have 5 days to decide. I've been at my critical care job for 25 years. With the diversion program I have to go on a leave of absence immediately. I don't know what to tell my job. Also I have to be on leave for at least one year then non-patient care for up to 6 months then patient care but can't access narcotics which would be burdensome. Also I'm worried about the availability of a non-patient care job at my workplace. Would that even be an option? If not will I lose my 25 year seniority and pay scale? I'm thinking I should just take my chances with the board of nurses and take probation because it sounds like I can still work then there. I know probation would be on my license but since I already have a job can they fire me? I'm so torn . I need the income to keep my home. I'm the sole supporter for me and my children. I appreciate any fellow nurses opinions.:uhoh3:

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Specializes in LTC, MDS, Education.

This is not legal advice, but if the DUI is w/out complications such as a wreck, and is first offense, I would get a lawyer (thru your malpractice carrier, usually $10,000 coverage ) and go before the Board. Probation due to a DUI, to me, is better than going into a diversion program, if diversion is not what you have done. That being said, might be good to start AA meetings NOW. On probation you will probably be randomly tested for alcohol. Giving up alcohol is much easier than giving up your job and seniority and be "labeled" as a drug diverter, especially w/ 25 yrs on the job...

Whatever that state is, the BON is really aggressive for a first time "offender". Unless you have had legal/license issues before. :confused:

Good luck! It just shows again that as nurses we always have to remember that the Boards are holding our licenses in their hands.

I'm assuming the " I " in this case refers to influence of alcohol and NOT impairment by drugs. Yes I know alcohol is technically a drug, but there IS a difference, IMHO.

PS I wouldn't say ANYTHING to your employer until you have spoken to a lawyer. And also, it is usually a better bargain to find a lawyer in the same city as the Board. because you won't have to pay for their gas $$ and travel time. :)

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Specializes in ER/ MEDICAL ICU / CCU/OB-GYN /CORRECTION.

GET LEGAL REPRESENTATION WITH AN ATTORNEY WHO SPECIALIZES IN APPEARING BEFORE THE BON- THEY ARE NOT YOUR FRIEND.

HERE IS A REFERRAL SERVICE -http://www.taana.org/Public/referral.asp

AND

http://www.peeradvocacyforimpairednurses.com/

Wishing you the best in this

Marc

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I would go with the Diversion program.....this will show that you are accountable and that you know what is best for you. I always hate leaving decisions about my life in someone elses hand......

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Thanks. I will check it out.

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Yes the DUI is for alcohol but I crashed my husbands car so its not just a simple DUI. I'm just not sure if I should go diversion and lose my job and home due to financial hardship. Thanks for replying.

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Thanks for suggesting diversion' but I still am so confused about the two roads and which one to choose.

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Oh one more thing you wondered: the state is california.

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Specializes in school nursing, ortho, trauma.

We really can't give legal advice on here - a good lawyer is certainly advisable.

I am not sure what a DUI and a diversion program have to do with one another, unless you were under the influence of drug you diverted from your employer. That being said, I don't know that i'd want that type of blemish on my record if it weren't actually the case.

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I'm told with diversion it is removed from my record once I finish the program but I have to be out of work for at least a year. The other alternative is probation with the CaBRN and it will be on my record forever but I can still work now at my current job. Even though the Dui happened on my day off and not at work those are the only 2 routes and both do not seem fair since I have excellent job evaluations.

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This has nothing to do with your excellent work record, and all to do with your (apparent) alcohol issues.

You must get a lawyer, pronto.

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Hmmm well, please please contact a good attorney asap.....

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