Recent Graduate and DUI

Nurses Criminal

Published

Hey everyone,

I wanted to start a post and document what Im going thru so others who might find themselves in a similar situation have some insight. I recently graduated with my BSN in December 2012 from a nursing program in the Bay Area (California). I applied to take my NCLEX in the beginning of Feb and was granted permission with no difficulty as I didn't have a criminal record. I failed because I was not taking the NCLEX seriously. Since failing, I signed up for KAPLANS NCLEX prep and was doing that when I decided to go out one night. I had two drinks and was pulled over on my way home. I was not impaired, was not speeding, swirving lanes, etc. and resulted in no property damage or hurt anyone. I pulled over thinking the cop was trying to pass me on a one lane road (one lane going in each direction) and this was when he pulled me over. I passed the field sobriety test but failed the field breathalyzer by blowing a 0.11. I had stopped drinking 2 hours before driving, was drinking water and urinating frequently to get it out of my system. My application to retest was sent in on a Thursday and a two days later was when I was charged with my DUI. I called the BRN first thing Monday morning and told them what had happen. As of right now, I have not received my ATT letter nor have a received a letter stating they have denied me to take my NCLEX for the second time. Im leaving the situation with the BRN alone until I can resolve my DUI case with the court and DMV. I have hired a lawyer and determined to fight this because I believe I have a strong case. Im still waiting to hear back from my lawyer about my DMV hearing date. He called them last Wednesday and they told him they would call him back by the end of this week. We are waiting for this DMV hearing to get the police report and work out a strategy for my date in court (scheduled for April 9th, 2013). Lucky for me, this DUI did not result in any damage of property or injury but using this as a growing/learning experience.

If anyone is in a similar situation, feel free to post. Please keep this to CA-BRN related DUIs and keep all negative comments to yourself. Thank you

I did not have to sit for another NCLEX. I just had to take it once when I got approved by Washington Dept of Health. Once I got my RN license from WA, I applied for my RN license in TX thru endorsement and finally, I applied for CA RN license via endorsement as well

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I agree with the Assist Adm.'s response. Its hard to say until you have completed your program. I have had classmates who had to wait a few months after graduation before they got the OK from the BON. I would also recommend starting gathering your documents and character references. Finally, if you have extra cash, look into getting an assessment done by an addiction specialist. I strongly feel that with this assessment clearing you of any addictive behavior from a medical doctor, the BON is more likely to grant you permission to take the NCLEX or grant you your RN license.

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Look into getting an evaluation done. I know I preach this a lot but it def. helped me. It does not imply that you have an alcohol problem. Its like you telling the BON you don't have a problem with alcohol and that a medical doctor concurs.

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So did you meet with a specialist before you applied to sit for the NCLEX in Washington? Im in the same boat and thinking of doing this. These posts have been very helpful!!

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The problem is you can'd go by what you read here and think, "oh, I'm just like this one, so I'll have the exact same fate." They really do consider each case individually and there's many factors that can influence things. If you search here, there's old threads from posters who had a DUI(s) from a VERY long time ago (think in terms of decades) and were told "No" by CA. So I wouldn't go by that trend that you spotted here and think you'll be in the clear.

This is where I say seek out the counsel of a lawyer, particularly one who specializes in dealing with nursing and legal issues. Yes, lawyers aren't cheap, but a lot will work with you on the cost. And IMO, the very real possibility (AEB the number of threads you can find here) of watching 4+ years of schooling go down the drain when the BON slams the door in your face is far more expensive than what'd you pay for legal help.

Here's a handy website where you can find a specialty lawyer in your area:

TAANA Executive Office - Home

Info for CA BRN licensure for applicants with a criminal history:

Board of Registered Nursing - Enforcement Applicant Desk

The CA BRN is also who you contact to determine exactly what documentation you will need to submit.

So, I had a DUI in college over 28 years ago in New Orleans, Louisiana…….did what required of me at the time and had it expunged. The problem I may have is getting the required documents. I'm assuming that I can get the court documents (though worried if they were not computerized in 1985, they could have been lost in Katrina), but as far as recent letters from my rehab counselor……I don't really have one.

I was feeling hopeful that it was so long ago, but have renewed worry by Merriwhen's comment about "decades old DUI). Where can I find that thread?

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Specializes in Psych ICU, addictions.

Jillyfreeze: I remember seeing it quite a while ago, and of course I can't find it for you :/ I'll keep looking for it.

The odds are probably in your favor, IMO: if that was your only offense, it was expunged, and you kept your nose clean for nearly 3 decades, it's possible that the BON may understand that you may not have access to these documents. Or they may be more lenient than CA is when it comes to DUIs and/or since it's been so long since you had yours.

But then again I can't speak for the BON.

Get together what you do have and seek a lawyer's advice as to how to proceed. You may also want to ask the BON's advice about how you should handle this--after all, you're eventually going to have to tell them--but keep in mind that they probably won't give an official answer until you actually apply.

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While combing through threads for hours…..because that's what you do when you are first processing the possibility of a huge roadblock to your dream……I did find an instance in GA….26 years previous and it was held up forever because of lack of documentation. That's my biggest fear…..that I won't have enough "evidence" of rehabilitation. Also, back then the penalties were not as harsh, and it may look as though I was given a light sentence………..around $400 in fees, 32 hours of community service and maybe 8 meetings of some sort…..I honestly can't recall everything. I was 19 years old, but the drinking age was 18 in Louisiana at the time, so I want to explain that it was not underage drinking.

I did call the CA BRN first thing and was told that I need to get the court documents. So, I called the courts in New Orleans and they had closed 30 minutes prior and won't be open on Monday because of MLK.

After freaking out a little yesterday at the potential ramifications, i called some good friends (some of them nurses) for a little perspective. I will continue talking with the BRN and will get any and all documentation that is needed (or prove that it is unavailable)….I will be remorseful instead of "hey this happened ages ago"…..I will understand that it may take extra time, but it's my own fault. The most reassuring thing I heard yesterday was……."God didn't open all of these doors just to slam them in your face." I have to turn it over to Him, while at the same time being diligent in going through the steps to successfully take care of this matter. Oh, and concentrate on doing well in my student clinical preceptorship starting this Monday.

I hadn't revealed my DUI to my teenagers, but did so yesterday as a lesson as to "your actions today may affect you in years to come."

Thanks for the advice………I'm going to hold off on the lawyer until I see what info I can get from New Orleans and talk with the BRN again. For future reference: What was the name of the organization for nursing attorneys?

Thanks!

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Jillyfreeze: I remember seeing it quite a while ago, and of course I can't find it for you :/ I'll keep looking for it.

The odds are probably in your favor, IMO: if that was your only offense, it was expunged, and you kept your nose clean for nearly 3 decades, it's possible that the BON may understand that you may not have access to these documents. Or they may be more lenient than CA is when it comes to DUIs and/or since it's been so long since you had yours.

But then again I can't speak for the BON.

Get together what you do have and seek a lawyer's advice as to how to proceed. You may also want to ask the BON's advice about how you should handle this--after all, you're eventually going to have to tell them--but keep in mind that they probably won't give an official answer until you actually apply.

OK….I'm tired (started staying up later and later to transition to nights, but having trouble sleeping in).

Meriwhen……I see the organization from your earlier post……so thank you!

Also, I am in California……it's just that my DUI was in New Orleans. It may make it harder to get the info if I'm not there is person…….

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Wow your story is such an inspiration. I am also in the bay area and in a similar situation. How was it like getting jobs? Also, please tell me how you are doing now. Can you please keep in contact with me because I am so scared what might happen to me.

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red_robster408,

Did the Washington Department of Health require all the letters, etc. that is required in California? Did you send them the results of your addiction evaluation?

What do you have to provide the addiction evaluator in terms of records?

Thank you!

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What documents did you submit to the BON WA State to let you take the NCLEX? I got a DUI in Nov. last yr. and about to apply for the NCLEX this year. Im on deferred prosecution cos my lawyer told me that it won't stay in my records as conviction.

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