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

Nurses Recovery

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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.

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.

I would guess that the "BFD" is that the OP was stopped for driving erratically and found to be holding potentially illicit benzos.

I would guess that the "BFD" is that the OP was stopped for driving erratically and found to be holding potentially illicit benzos.

Yeah, I get the driving erratically part, but I don't understand at all about the benzodiazepines.

I know the OP took them 'cause they said so, but how do the authorities know unless they were told, since the OP refused the drug screen? Did the OP have more on their person and the cops searched and took them? In that case, wouldn't there be a possession charge? There's not enough info there for this to make sense.

Ah. I missed the part where the OP was given the ticket for possession of a schedule 4, my bad. But, again, how did they know?

Specializes in ICU.

Maybe they found it on her? Xanax is recognizable to the police I'm sure.

Another question I have is, if you got the script over a year ago and only ever took it a few times, why do you carry it back and forth to work? I take Gerd meds prn, but don't carry them around just in case and I take them more often than a few times in over a year.

Another question I have is, if you got the script over a year ago and only ever took it a few times, why do you carry it back and forth to work? I take Gerd meds prn, but don't carry them around just in case and I take them more often than a few times in over a year.

(I wondered about that, too ... They were rx'd a year ago and you never take them, but you just happen to have them handy when you're upset on the way home from work?)

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.

Please understand I am 100% going to get an attorney for both my criminal case and to report to the BON. I am trying to find one who is good with DUI and BON and really would have a hard time spending more than $3,000 to do it as $3,000 is allready a ton of money to me, but I will do everything in my power to not lose my license as nursing is my life. And when you say having my license "just tagged" isnt a minor potential(sorry if I did not use the correct term here should I have said actions taken against my license) do you mean I have a greater likelihood of losing my license all together? I am trying to track down a nurse I knew who had three "tags" (or actions against license) over a period of years, one for drug diversion where they had a track record of 6 patients who she had signed out PRNs for who all denied getting PRN meds from her and another was for stealing a doctors Rx pad somehow and was caught at a Walgreens pharmacy trying to fill a forged script for 180 15mg IR oxycodones (not only was she pretty open about this but you could read everything about each one on the DORA website when you looked up her license) and the other was more minor I dont exactly remember but I believe it was something along the lines of her having a complaint against her through DORA and she ignored all comunications from the BON regarding it. She ended up having to do the peer assistance program and made it through and eventually became the SDC at the LTC I worked with her at! I would like to find her lawyer and ask her a few questions. She was however a RN who graduated from same school as me, Im not sure if they will give me harsher discipline since Im just a LPN. I will do anything to keep my license and am starting next week at some alcohol/drug classes where I will get proof I attended and I also found a private company near me where I can go and take UA's and breathalyzers on my own and I plan to do that weekly until my court date to try and show the judge I have been clean and proactive about wanting to keep my license. I also was granted a temporary driving permit yesterday at the DMV which is valid until I have a hearing with the DMV which is valid until my DMV hearing so as long as I dont get anymore tickets I will atleast be able to say I have been driving everyday and have had zero issues as I now drive like a grandma.

Maybe they found it on her? Xanax is recognizable to the police I'm sure.

This. If I can figure out how to post a pic on here I will of what I was carrying it is a large wide, thin, blue case that says "daily dose" I luckily had allready taken my gaba and lopressor but Ive just always has two of my xanax (which were blue 1mg tabs that literally said the word "Xanax" on them and I have always just kept two of those and two (thank god) brand name naproxen which say aleve on them) and as to the question asking me why I carried them around in that to be honest I dont really know, I remember a couple times since Ive had that script where Ive been extremely tense/anxious/angry/whatever you would like to call it where Ive taken one aand they had really helped me feel a million times better, perhaps I should be evaluated for GAD or something but when I got the daily dose thing to carry my meds and put the two aleve in there (it was divided inside and I kind of made the left side of container for my neurontin and metoprolol and the right side of container for what I considered my "PRN" meds whre I put the OTC NSAIDS and decided to put in two of the xanax so that I would always have something with me to take for situations (last time I had taken one was maybe 2 months ago when my step-brother attempted suicide)..at one point I even had a zofran in there but ended up taking that a while back obv. d/t nausea. Also what does BFD stand for sorry for the ignorance

Specializes in Psych, Addictions, SOL (Student of Life).
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

Every BON does things a little bit differently so it pays to do some research some require that you self report within 90 days of the offense. If you are thinking of transferring your license to WY. be aware that most BON applications have questions regarding arrests for Substance related crimes and it will not always matter if you are found not guilty. BONs have one mandate which is to protect public safety. The question will be did you act as a safe and prudent person would under the same or similar circumstances. If the answer is No then you are most likely looking at probation or a monitoring program. A good lawyer experienced with professional practice issues might be able to help you. Many people have lived through this and gone on in their nursing careers. You may have to take a break in plans to further your education as most schools of nursing require you to have an unencumbered license to participate.

Good luck

Hppy

Every BON does things a little bit differently so it pays to do some research some require that you self report within 90 days of the offense. If you are thinking of transferring your license to WY. be aware that most BON applications have questions regarding arrests for Substance related crimes and it will not always matter if you are found not guilty. BONs have one mandate which is to protect public safety. The question will be did you act as a safe and prudent person would under the same or similar circumstances. If the answer is No then you are most likely looking at probation or a monitoring program. A good lawyer experienced with professional practice issues might be able to help you. Many people have lived through this and gone on in their nursing careers. You may have to take a break in plans to further your education as most schools of nursing require you to have an unencumbered license to participate.

Good luck

Hppy

Thank you. And oh I did not know this, thank god I just checked the schools website and under "eligibility" it simply states for the bridge program I must have a LPN license in that state which makes sense since its a program where basically the bridge program students are thrown in with a brand new group of RN nursing students. So the classes/clinicals I will be taking will be with mostly unlicensed persons and/or other CNAS and LPNs. Thanks.

Gotcha. They found the container with the other pill.

BFD means big flipping deal. It is slang for uproar.

Several posters have provided excellent advice regarding retaining legal counsel, which you acknowlwdge your intent to do. However, you have provided way too much detailed information regarding this situation. If it were me, I would not only not post any additional information, I would also delete what I had already posted.

Best wishes as you work through this situation

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