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.
In my situation my Xanax prescription was 3 years old. I know, I know. The BON investigator called the pharmacy to verify that it was mine and that was that. But believe you me! My naive behind learned from this.
To be honest, I think I have had 2 motor vehicle crashes since I became a nurse -25 years ago. I am a good driver too. This was in my early days and I would leave work so upset, I crashed 2 times. Hang in there! I am quite sure that the prescription benzo [xanax]is necessary...
I'm just wondering, what were you carrying the Xanax in if not the original bottle?
I have a small blue container thats semi flat I carry in my pocket to work everyday as I also take gabapentin TID, metoprolol BID and keep an advil in it as well just incase I get a bad HA or knee pain starts acting up, never thought much about keeping the alpraz. in aswell I guess I kind of viewed them all the same, after this experience Im just going to start taking a backpack with me to work so I can keep everything in original bottles. And another thing I realized after talking with a nursing friend is that we've both known other nurses who were caught diverting and did not lose licenses, and obviously since they were diverting narcs that means they were in possession of a controlled substance, in some cases schedule 2 substances (not sure if courts take into account whether the drug is schedule 2 or 4) and I personally worked with a nurse who had a dui before going to nursing school, got her license and then got another dui (dwi actually I believe) and she still has her license so that gives me more confidence.
Specializes in Infusion Nursing, Home Health Infusion.
How did the officer know you had taken a Xanax or do they only know you had them. What state are you in because in some states they report any driving while intoxicated or driving while impaired. That is what I be worried about because you can prove you were prescribed this medication.
As others have recommended - LAWYER UP. The cost will vary but if you lose your license, have a restriction etc., the cost will be greater. Find someone who has experience working with the Board of Nursing. A nurse/lawyer would be ideal. Most lawyers will discuss your case initially for free so take advantage of that. Again DO NOT attempt to face the BON on your own - they are there to protect the public and they are not your advocate in this situation. Best of luck to you.
You need a lawyer immediately, one that specializes is nurse issues. The drug store where you got the prescription filled has a record of filling your prescription as does the doctor who prescribed it.
Question - if you didn't take the blood test and there is no proof you were on anything, what is the BFD? Is it the night in jail, or the fact that you refused the test, or the fact you lost your license?
I am a bit confused as to why you even need your scrip verified if there was no proof you were positive for benzos.
Definitely get a lawyer. They will be able to navigate this snafu much better than anyone here.
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.
Lawyer fees generally average depending on your location, but a lot of criminal attorneys will charge a flat fee for the beginning of the case. If it ends before trial (plea bargain, dismissed, etc.), that is the only fee. If it goes to trial, they will usually charge another flat fee for the remainder of the case.
Specializes in Critical Care; Cardiac; Professional Development.
You have a much higher likelihood of losing your license without an experienced lawyer than with one. Also, having your license "just tagged" isn't a minor potential. A little research on this board will show you how difficult a time these nurses have in working to put things back together and trying to stay employed after such an occurrence. You really need to see the lawyer as not optional.
Toastedpeanut
36 Posts
In my situation my Xanax prescription was 3 years old. I know, I know. The BON investigator called the pharmacy to verify that it was mine and that was that. But believe you me! My naive behind learned from this.