RN License Defense Attorney Explains What Happens When Nurses Get DUI’s
All medical professionals rely on their licenses in order to keep their jobs. It’s sad to know that unrelated behavior off the clock can ruin a person’s career. DUI convictions can result in suspension or complete revocation of your license to practice. This is true not only for doctors, but nurses as well. Luckily, the California Board of Registered Nurses (BRN) does not typically get involved while the DUI is pending. Additionally, these charges can be beat with the help of an experienced, knowledgeable RN license defense attorney.
Regulatory Codes Regarding Nurses and DUIs
The California Business and Professions Code Section 2762 establishes any drug or alcohol related arrest or conviction of a registered nurse as Unprofessional Conduct. This is because using alcohol or drugs in a dangerous manner such that an arrest or conviction can be made indicates behavior inappropriate for a medical professional. This is made clear in the Recommended Guidelines for Disciplinary Orders and Conditions of Probation:
“In keeping with its obligation to protect the consumer of nursing services from the unsafe, incompetent and/or negligent registered nurse, the Board of Registered Nursing has adopted recommended guidelines for disciplinary orders and conditions of probation for violations of the Nursing Practice Act.”
Section 2762 also makes recommendations on punishments for certain behaviors. The recommendation for a nurse arrested or convicted of a DUI in California varies on the circumstances:
- First time offenders with documentation of ongoing rehabilitation – The recommendation is 3 years probation.
- When a narcotic drug or alcohol is used to the extent that it is dangerous to oneself or others, the ability of the nurse to practice medicine safely is impaired – The recommendation is the revocation of this nurse’s license.
Should you be arrested and convicted of a DUI, make sure you contact a highly experienced RN license defense attorney for legal help.
What the Board of Registered Nurses Considers
When deciding whether or not to revoke a nurse’s license or put that nurse on probation, the board will consider several details around the incident in question:
- The nature and severity of the crime under consideration
- Actual or potential harm to the public
- Actual or potential harm to any patient
- Number of and/or variety of current violations
- Mitigating evidence
- Prior disciplinary record
- Rehabilitation
- If convicted, compliance with conditions of sentence or probation
- Overall criminal record
- Time since the offense occurred
Possible Results
While complete dismissal of charges and elimination of review by the BRN is very unlikely, help from an experienced RN license defense attorney can certainly improve your chances of keeping your license. Possible alternative negotiations include:
- Citation and a Fine – The nurse will be cited and fined, but the public record of this event will only be available by request – it will not be posted on the Board’s website.
- Letter of Public Reprimand – The nurse is reprimanded for his or her conduct resulting in the DUI. This letter is attached to his or her RN license number on the Board’s website.
- Rule out Provision – Probation requirements can be limited if the nurse is able to exhibit physical and mental independence from alcohol. Some probation requirements relate directly to the nurse’s job and increases the cost of this process. The Rule Out provision limits the impact on a nurse’s job and additional courses he or she may be required to take.
- Reduced Cost – If the most severe discipline is not imposed, it can be argued that the fees should be reduced accordingly.
Seek Legal Help
Getting a DUI is stressful for anyone, but when you work in the healthcare field, the consequences are even more dire. It may be tempting to simply give up and accept the loss of your license, but it’s possible to avoid revocation and save your career. Take a moment to accept what has happened and then contact an experienced law group with knowledge of the intricacies of nurses getting DUIs. Few attorneys are equipped with the necessary knowledge and experience to navigate the complex logic of how DUIs relate to nursing licenses. It’s difficult for an attorney to know what aspects of the case to emphasize, when to be aggressive on a point, and when to demur. Be sure to find a RN license defense attorney who understand the stakes and can navigate this process.
Call a RN License Defense Attorney to Fight Your DUI
With extensive experience defending licensed healthcare workers throughout California, you can trust Rose Law to get you the best results in your DUI case. We understand the implications a DUI can have on your career and life and work hard to get you the best results possible. Give us a call at (800) 456-3767 to speak to an RN license defense attorney today.
