Where do I begin? have never dealt with anything like this before

Nurses Recovery

Published

SO I reside in WY however I work(ed) in Northern CO very recently. I was prescribed xanax a little over a year ago after a family members suicide and did not take many. Recently have been very stressed with both work and family issues. To make a long story short a few nights ago on my way home from work I stupidly decided to take one of my xanax after getting into an argument with a coworker and was allready very stressed. Its about an hour drive home and I was pulled over for "erratic driving" and the officer asked if I would submit to a BAC test, I replied I would be more than happy to take a breathalyzer but would prefer not to be poked as I hate needles. He then returned to my car with two separate papers, one was a ticket for "DUI, Careless Driving, and possession of a controlled substance schedule 4" and the other was a paper stating that I refused to do a blood test. I signed, trying to be as compliant with the officer as possible. They did do a breathalyzer which of course showed no alcohol in my system (which neither of the papers he gave me even mentioned) I was then arrested, vehicle impounded and spent the night in jail. I lost my Rx bottle during a move and can not think of another way to prove I was legitimately prescribed it.

Anyways, today after thoroughly reading both papers he gave me, the "refusal to test" paper states I will have my drivers license revoked for one year with a possibility of getting a restricted license or after two months of revocation I can apply to possibly get an ignition interlock device installed in my car.

I am fine (though not happy) with probation and court costs and such however I am very worried about my nursing license. Is this something I need to send to my state BON now or after my court date? Will I lose my license/get a tag on it? I am an LPN who has been a nurse over two years with zero issues and was planning on transferring my license to Wyoming very soon, will this affect that? What kind of discipline should I expect from nursing boards? Nursing is my life, I have all pre-reqs completed for a LPN-RN program I was planning on starting this fall, will this even be possible now? I am extremely worried and any help regarding both the criminal aspect of this and the nursing aspect of this, any help would be very much appreciated, I want to be a nurse my entire life, it is my passion. This was my first offense and I have no other criminal history. Please help if you have any knowledge regarding my isssues,. Thank you all so much.

EDIT: Also meant to add, a friend advised me that if I start AA/NA meetings ASAP (court date is just over one month from now) as he said generally judges are more lenient to people who do this on there own. Like I said any other help/advice greatly appreciated.

Up Vote Up Vote ×
Specializes in Critical Care; Cardiac; Professional Development.

You need a lawyer. Proving the prescription is as easy as contacting the provider who prescribed it. And yes, this is something you will have to report to the BON. Discipline can be a wide range from substance abuse counseling to having your license revoked. You NEED a lawyer.

Up Vote Up Vote ×

Lawyer up. If you arent an addict and you were prescribed meds then you may be better iff than you think. Good attys know legal loopholes, often get things dismissed due to improper procedure. They can get charges reduced. Get a good DUI atty.

Up Vote Up Vote ×
Specializes in psych, addictions, hospice, education.

Definitely get a lawyer and/or contact your insurance carrier.

I hope your Rx was current. If it was expired, you may have a big problem.

Up Vote Up Vote ×
Specializes in Critical Care, Float Pool Nursing.

It won't be as bad as you first think. When I got a DUI I read on the DMVs website that I was going to get a year of a suspended license due to refusing the breathalyzer. It ended up being only a 45 day suspension and I could still drive to work. No action against nursing license.

Going to AA/NA is fine, but it won't make the judges any more lenient on you. Inpatient treatment (rehab) or documented drug and alcohol counseling may make them more lenient, but AA/NA won't. It doesn't count as treatment and your attendance isn't verifiable.

Up Vote Up Vote ×
You need a lawyer. Proving the prescription is as easy as contacting the provider who prescribed it. And yes, this is something you will have to report to the BON. Discipline can be a wide range from substance abuse counseling to having your license revoked. You NEED a lawyer.

If the prescription is a year old and expired, that's not so "easy."

Up Vote Up Vote ×
Specializes in Registered Nurse.
If the prescription is a year old and expired, that's not so "easy."

You should be able to call the pharmacy as well and get documentation verifying the prescription And noting when it was filled. I've had patients do this before.

Up Vote Up Vote ×
You should be able to call the pharmacy as well and get documentation verifying the prescription And noting when it was filled. I've had patients do this before.

Of course. My point was that, if the prescription is expired, that's not going to fix the OP's problem; technically it is illegal for him/her to be carrying around (out of the original rx container!) a schedule drug without a current, valid rx. Legally, it's not any different than if it's Xanax you bought on the street.

Up Vote Up Vote ×
Definitely get a lawyer and/or contact your insurance carrier.

I hope your Rx was current. If it was expired, you may have a big problem.

This is going to be my main issue as Im positive it was from my exprired Rx. And thank you all for your advice how much should I expect to pay for a lawyer? I know prices vary greatly but if anyone knows an "average" price or doesnt mind sharing what they paid it would be much appreciated.

Up Vote Up Vote ×
Specializes in Critical Care; Cardiac; Professional Development.
If the prescription is a year old and expired, that's not so "easy."

Exactly.....Just saying, if it was a legit prescription, it can be proven to be legit. Expired prescriptions are not legit in the eyes of the law.

Up Vote Up Vote ×
It won't be as bad as you first think. When I got a DUI I read on the DMVs website that I was going to get a year of a suspended license due to refusing the breathalyzer. It ended up being only a 45 day suspension and I could still drive to work. No action against nursing license.

Going to AA/NA is fine, but it won't make the judges any more lenient on you. Inpatient treatment (rehab) or documented drug and alcohol counseling may make them more lenient, but AA/NA won't. It doesn't count as treatment and your attendance isn't verifiable.

This is great to hear, may I ask what state? and when you say documented drug and alcohol counseling what types of programs are you referring to?

Up Vote Up Vote ×
Definitely get a lawyer and/or contact your insurance carrier.

I hope your Rx was current. If it was expired, you may have a big problem.

As in big problem do you mean losing my license completely? Or a tag on my license? Ive known nurses who have been caught diverting narcs and still kept there licenses, and my biggest fear is losing my license.

I realize nobody on this board can tell me exactly what will happen to me but is it likely Ill never be able to practice again? Or just a tag on my license? Also how do I go about reporting this to the BON? And I assume I dont need to report it to them until after my court case as theres always a chance it could be changed to a DWI or some type of plea bargain.

any insight is appreciated thank you all so much

Up Vote Up Vote ×
+ Add a Comment