Should I do intervention program for my DUI?

[Nurse Beth, MSN]

Facing a DUI charge in California, especially for the first time, can be daunting. Here are some key considerations and potential outcomes to help guide your decision between participating in an intervention program or facing the BRN's/court's consequences directly.

• Get expert legal counsel. Start with the American Association of Nurse Attorneys (TAANA)  to find an attorney with experience with DUIs and the CA BRN. 
• If the BRN has notified you of its intervention program, seek legal counsel before accepting any offers. It may not necessarily be the best way for you to proceed.

Enrollment in an alternative-to-discipline (ADP) diversion or intervention treatment program can demonstrate a commitment to rehabilitation and responsibility, potentially mitigating harsher penalties from the BRN. However, intervention programs can be long, restrictive, and expensive.

You may not be allowed to practice for a time and may have work restrictions when you do return to work.

BRN (Board of Registered Nursing) Consequences

The BRN takes DUI convictions seriously, as they concern public safety and professional conduct. However, it's unlikely to lose your license over a first-time DUI.

How they respond depends greatly on the specifics and severity of the offense. 

For example, a non-aggravated with a low blood alcohol level may result in a (public) reprimand or fine with no license restrictions rather than probation, suspension, or revocation of your nursing license.

Intervention Programs

There are two different regulatory options available to BONs/BRNs:

• Disciplinary action. Disciplinary actions are reported to databases, such as the Nursys® data bank of the National Council of State Boards of Nursing (NCSBN).
• Entry into an alternative-to-discipline (ADP) treatment. There is a growing trend toward treating nurses with SUD rather than disciplining them. In many states, the BON/BRN offers ADP programs that provide treatment.
• ADP (if the state has one).  Participation in ADPs is confidential and not made public. Keeping their job and avoiding notoriety are highly motivating factors for nurses.

Most, but not all, states participate in an ADP. The BON/BRN either houses the program, approves an outside program, or contracts with a program. Instead of working during a lengthy BON/BRN investigation, nurses are removed from the workplace and provided with treatment.

The goal is for the nurse to avoid disciplinary action, work through the program, and eventually return to practice without restrictions. 

Intervention Program vs. Court/BRN Consequences

Pros:

• Shows proactive steps towards rehabilitation, which can be favorable in court and to the BRN.
• It may reduce sentencing severity.
• It can be considered a mitigating factor in employment and professional licensing consequences.

Cons:

• Time-consuming. Requires attending classes and possibly counseling sessions.
• It may require not working.
• Re-entry into the workforce may include mandatory supervision and restrictions, such as no night shift or not handling drugs. This may be seen as a burden to your employer.
• Program fees, including testing costs.

Facing Court/BRN Consequences Directly

Pros:

• You might avoid additional program costs.

Cons:

• Risk of harsher penalties without demonstrating proactive rehabilitation.
• This may negatively impact your standing with the BRN.
• The court may mandate DUI school or other programs regardless.

Employment Considerations

Timing. t's generally advisable to wait until after conviction before disclosing to your employer. However, check your employee handbook or contract for any specific requirements.

Impact. Many employers, especially in healthcare, may have policies requiring disclosure of criminal convictions. Transparency can be crucial, but it's essential to understand your rights and any potential consequences.

Job Loss

The risk of losing your job depends on your employer's policies, the nature of your job, and how critical a clean driving record or personal conduct is to your role.

Engaging in an intervention program can demonstrate responsibility and a commitment to rectifying the situation, possibly mitigating job loss risks.

Personal Considerations

Frequency of drinking. While you indicate that you don't have a drinking problem, the court and the BRN might see participation in an intervention program as a sign of taking the offense seriously and ensuring it doesn't happen again.

Next Steps

• Consult an attorney. An experienced DUI and BRN attorney can provide personalized advice, help navigate legal complexities, and represent your interests in court.
• Prepare for disclosure. Review your employment policies and prepare how to disclose the conviction to your employer if required.
• Stay proactive. Whether you choose the intervention program or face the court directly, maintain a proactive approach to demonstrate your commitment to making amends and avoiding future incidents.

Ultimately, the decision should be based on your circumstances, legal advice, and personal judgment on how best to handle the situation responsibly.

Best wishes on your decision,

Nurse Beth