If you’ve been charged with a DUI and are studying to become a nurse, have just earned your nursing license, or are currently practicing as a nurse, you’re probably wondering if you can become a nurse if you have a DUI. Since impaired driving is a serious offense, a conviction can prevent you from becoming a nurse, lead to license revocation, and even result in criminal penalties.
The stakes are high after a DUI, so you’ll want to work with an experienced attorney. A Los Angeles DUI lawyer can combat your charges and work hard to protect your career. We’ll evaluate every aspect of your case and work hard to protect you from the consequences you’re facing.
Becoming a Nurse After a DUI charge
If you’re a nursing student who has been charged with a DUI, you’re likely worried that the California Board of Registered Nursing (BRN) will deny your license application.
Since all misdemeanor and felony convictions with fines over $1,000.00 must be disclosed on a Registered Nurse (RN) application, you’ll have to notify the BRN about your DUI, but that doesn’t mean you’ll have to forgo your career as a medical professional.
While the BRN has the right to deny your licensure based on a DUI conviction, you can possibly avoid that outcome by hiring a skilled attorney. By fighting your DUI charges, you can preserve your future as an RN.
A lawyer can explain the unique set of consequences you’re facing and how they might affect your nursing license. They’ll put their skills to work for you, mount a strong defense on your behalf, protect your rights, and work hard to help you avoid life-altering criminal penalties.
The Ramifications of a DUI Conviction as a Nurse
If a medical professional is convicted of impaired driving, it can potentially be a life-changing event. Even a misdemeanor conviction may damage a nurse’s credibility and impact their career for years. On top of criminal charges, RNs are investigated by the BRN for any reported event, both on and off duty.
The BRN investigates and evaluates the facts associated with the DUI, the RN’s history, and any additional evidence to determine if there was unprofessional conduct. If the behavior is found to be unprofessional, the board will impose disciplinary guidelines under the relevant statutes of the Nursing Practice Act (NPA).
The investigation examines whether the arrest was an isolated event or if it signals a larger issue that may create a public safety risk. To avoid a career-ending investigation, you’ll want to hire an attorney as soon as you’re charged. A dedicated lawyer can represent you in court, negotiate a plea bargain, and fight to get your charges reduced or dismissed.
Common Questions About Disclosing a DUI to the BRN
After an arrest, RNs are often left reeling, overwhelmed, and not sure of their next move. Fortunately, a knowledgeable attorney can answer any questions you have about your case. Here are some common questions that RNs ask after a DUI conviction:
Does a misdemeanor DUI arrest need to be reported?
A misdemeanor arrest may not need to be reported, but once fingerprinted, the Department of Justice will notify the BRN. It’s important to note that the BRN may handle your case more favorably if you report the event yourself.
Does an RN need to inform their employer after a DUI?
If you are currently employed as a nurse and have been charged with a DUI, you might also wonder if you have to report the incident to your employer. The answer to this question depends on your employment contract and the bylaws concerning disclosure. A skilled Los Angeles DUI lawyer can review your unique situation and determine if your DUI must be reported.
Does a DUI conviction need to be reported to the BRN?
A plea of guilty or no contest in criminal court needs to be disclosed to the BRN within 30 days. Even if the charge is eventually dismissed, it still requires disclosure. A lawyer can offer further advice on this matter and ensure your DUI is reported correctly.
Does a single misdemeanor DUI conviction result in a lost nursing license?
Results vary, but if you prove to the BRN that the DUI does not and will not affect your abilities to practice as an RN, you can potentially retain your license. That said, proving your case to the BRN by yourself can be incredibly difficult. You’ll need to hire a knowledgeable attorney to increase your chances of success.
What actions will the BRN take?
After an investigation, the BRN may issue conditional probation or sanctions, suspend or revoke your license, or offer an intervention program. Submitting to an intervention program may allow you to avoid more damaging consequences.
Factors Influencing a BRN Decision
During a BRN inquest, the level of discipline stipulated by the guidelines is determined by several factors. The BRN will consider the following elements when making a decision:
- Conditions surrounding your conduct
- The severity of your conduct
- Resulting criminal record
- Time since the offense occurred
- Actions taken since the offense occurred
- How you handle your criminal probation
Defining Minor and Major Violations of the NPA
If you were convicted of a non-aggravated first-time DUI conviction, meaning no accident occurred or your blood alcohol content was low, the NPA will consider your offense a minor violation. Such violations are often limited to a citation order and a fine.
In the case of a minor violation, no restrictions are placed on your license, but it may be listed on their permanent record and can be publicly disclosed on requests for up to three years. You can object to the citation and appeal it at an administrative hearing.
If your blood alcohol content was high, other substances were found, or an accident was involved, the DUI may be considered aggravated. An aggravated DUI conviction is a major violation of the NPA.
In these cases, the Boards of Nursing (BON) may forward notice of the conviction to the Attorney General’s Office, which acts as the BON’s attorney. There, the evidence will be reviewed, and a formal accusation will be prepared.
Forms of Discipline You May Face After a BON Hearing
Once an accusation is filed and served, you will be issued a timeframe to assert your rights and file a notice of defense to protect your license. The process may result in an administrative hearing. Several levels of discipline can come from a BON’s accusation, including:
- A Letter of Public Reprimand or a formal warning
- Stayed Revocation with Probation that may have up to 20 stipulations
- Suspension accompanied by rehabilitation or diversion programs
- License revocation
These outcomes can upend your life and livelihood, making it important to take your case seriously. To increase your chances of getting a fair result, you’ll want to hire a trusted DUI attorney. In addition to determining if you can become a nurse with a DUI, a lawyer can also guide you through hearings, advocating for a favorable outcome throughout the process.
Talk to a Lawyer About Becoming a Nurse After a DUI
If you’re studying to become an RN and have been charged with a DUI, it’s natural to wonder if you can become a nurse if you have a DUI. The good news is that an experienced attorney can take on your case and work hard to protect your reputation and your right to practice in your desired field.
Hiring a Los Angeles DUI lawyer from our team is essential to presenting a solid defense to the court and the jury. Protecting your legal rights is crucial with so much on the line. Contact us today to schedule a free case evaluation and learn more about your options for protecting your nursing license after a DUI.
