Reckless Driving vs DUI and my Florida license

Updated: Jul 30, 2020 Published Jul 26, 2020

Career Columnist / Author

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Dear Nurse Beth,

I was arrested in 1/17 for a DUI and had 2 charges 1 for the refusal which I went to trial and was found not guilty. The other trial for the DUI has been delayed due to the current pandemic and they are assuming trials won't start until 2021. My attorney did exhaust all appeals but they were denied.

I am a nurse in FL and still working at my same job which does not know. When it first happened I contacted the BON and they told me I didn't need to self report until it was resolved. I followed up again recently and was advised the same. I have been offered a lower charge of Reckless Driving with a withhold (No immobilization, no DL suspension, no points, etc) but probation for 6 months which can be terminated early when I finish everything which is already done because I did everything in 2017 when it first happened.

According to the BON website I have other steps to take if I accept the deal providing explanation letter and recommendation letters as well as court records. I have not shared my situation with many people so I'm not sure how to go about it and can't find information online. I was trying to find out how it will affect my nursing license and if I'll lose my job.

Dear Arrested,

If you accept the Reckless Driving plea, you must report it to the BON within 30 days. This would speed up the process for you if you think it sounds like a good deal for you.

The law sees Reckless Driving as less than a DUI but the BON may or may not make that distinction. What's going for you is your offense was over 3 years ago.

You have an attorney, but unless your attorney has experience with the BON, you must get one that does. Experience with DUI and experience with the BON are 2 different skill sets. When you respond to the BON, you should do so with the help of qualified counsel.

Whether or not you accept a plea or are found guilty at trial, you will need to submit all court documents, proof of having met requirements, and police records.

Your case will be investigated by the BON and the outcome is based a lot on your self-awareness and rehabilitation. They need to be convinced that you have taken responsibility and have changed- in other words, that you are no longer the person who would drive while intoxicated.

Please read Criminal Infraction for essential tips on communicating with the BON.

As far as your employer, read your employee handbook to see if you must report an arrest and/or convictions. Every organization is different but keep it to yourself unless required to divulge.

Of course, if you change employers, you will be asked pre-hire and it will show up in LifeScan.

Best wishes, my friend,

Nurse Beth