You will require many years of study to build a career in nursing. Unfortunately, all your hard work can be wasted if you are arrested or convicted of DUI in California. Drunk driving involves extreme recklessness and disregard for the safety of others, which makes the crime very serious.

In addition to spending time in jail and losing your driving privileges, your nursing board could suspend or revoke your professional license. Due to the connections between the local government and state agencies, the nursing board will be notified of your criminal charges.

After learning of your charges or conviction, the licensing board may review your case and take disciplinary action. Losing your professional license can be detrimental to your career and livelihood. Therefore, if you are a registered nurse facing drunk driving charges, you will require the guidance of a reliable defense lawyer. Your lawyer will help you fight your DUI charge and protect your nursing license.

Your Nursing License and a DUI Conviction in California

Drunk driving is a common cause of arrest in California. Therefore, most people understand the negative legal consequences that arise from a DUI conviction. Regardless of your profession, a DUI conviction will result in jail time, fines, and the suspension of your driver’s license.

For nurses and other healthcare professionals, you have to worry about the impact of your DUI conviction on your professional license. The nursing board in California takes DUI convictions seriously. The nursing board is responsible for issuing licenses and disciplining professionals who act outside the expected code of conduct.

The nursing board has strict reporting requirements for registered nurses who face convictions for drunk driving in California. After your DUI conviction, you should report to the nursing board within thirty days.

For nursing board disclosures, a conviction includes:

  • Guilty verdict. If your DUI case goes to trial and the court finds you guilty of the offense, you must report the incident to the nursing board.
  • No contest. A DUI case ends in no contest when you accept a conviction without admitting guilt for the offense. For the purpose of your nursing license, the no contest is treated the same as the guilty verdict.
  • A conviction that has been set aside. The consequences of a DUI conviction in California can impact your life for a long time. Fortunately, there are ways to reduce the disability of the conviction, including an expungement. Even when your DUI has been expunged, it must be reported to the nursing board.

You must provide the following information to the nursing board:

  • A detailed explanation of the circumstances that led to your arrest and conviction. Some of this information will include the date of arrest, the exact reason, and sentencing information.
  • Documents that relate to your arrest. These include the police report, booking report, and citation.
  • Documents from your criminal proceedings. Some of the documents in your criminal proceedings include the notice of criminal charges, a sentencing order, a probation order, or a dismissal.
  • Evidence of rehabilitation. The nursing board is often interested in the measures you have taken to reform criminal behavior following your conviction. Therefore, during your report to the board, you should include any evidence of rehabilitation.

Should I disclose a DUI to the nursing board if I am not convicted?

Self-reporting of DUI for registered nurses is only reserved for arrests that result in a conviction. Additionally, you will not be obligated to report a conviction that resulted in a fine of up to $250.

Factors Affecting the Nursing Board’s Choice of Action After a DUI

Within the disciplinary guidelines, the Board of Registered Nursing considers the following factors when determining the level of discipline to impose on a nurse after a DUI. These factors include:

Nature and Seriousness of your Conduct

A simple DUI conviction could only result in professional probation. If the DUI is your first offense, the board may let you off with a warning. However, the board may suspend or revoke your professional license if your DUI conviction involves an accident or injury to third parties.

Your Criminal Record

When the BRN decides to take disciplinary action against you, they will consider your current DUI conviction and overall criminal record. In California, a criminal record entails adult and juvenile arrests and convictions. If you have multiple DUI convictions on your record, the board may take harsh measures against your license.

Being a repeat offender may portray a disregard for the law and an inability to rehabilitate. If you face a second DUI arrest, the stakes are high. Therefore, fighting to avoid a conviction is important.

Your Performance on Criminal Probation

In California, probation will likely be part of your sentence after a DUI conviction. Since the license suspension occurs after your criminal case ends, the board may use your probation performance to determine the right disciplinary action.

Action Taken After the Offense

When deciding on disciplinary action, the Board of Registered Nursing will focus more on your behavior than the DUI offense. If you have taken positive measures to seek counseling and treatment for drug use, you could receive a more lenient disciplinary action.

Types of Nursing License Discipline for Drunk Driving in California

Although you are not obligated to disclose a DUI arrest, the nursing board will be notified of the arrest by the justice department. The licensing board will then independently investigate and take the appropriate disciplinary action.

During the investigation, the licensing board is more concerned about your behavior and the circumstances that led to your DUI arrest and conviction. If you have a drug problem, it will be identified at this point in the case. Determining the right form of discipline means finding the root cause of your criminal acts.

If you are a first-time offender and your DUI has no aggravating factors, the nursing board may decide not to take further action against your license. Otherwise, the board may impose these disciplinary actions after your DUI conviction:

Probation

Although probation is not an optimal outcome of your licensing board hearing, it may be preferred over suspension or revocation of your license. After a DUI conviction, the board may decide to place you on professional probation.

Probation lasts for up to three years and may be accompanied by these conditions:

  • Obey all laws. While on professional probation, a registered nurse must obey all state and federal laws.
  • Comply with the board's Program. During your probation, you must cooperate with the board’s actions to monitor your progress.
  • Practice outside California. If a nurse is placed on professional probation in California, they must report a change in residency to the state. Any time you spend practicing outside the state will not count towards your probation period.
  • Employment limitations. If you are on professional probation, you cannot work as a registered nurse in certain healthcare sectors. These include working as a home nurse, on private duty, or as a traveling nurse.
  • Supervision. A nurse on professional probation must work under the supervision of another registered nurse or with other forms of supervision.
  • Report to the board. A licensee must attend all meetings and interviews with the Board of Registered Nursing.
  • Participate in a drug treatment program. The officials may order you to undergo treatment as part of your probation if they discover you have an alcohol addiction program.
  • Random drug tests. You must submit to random drug and alcohol tests if your nursing license is put on probation.

If you violate one of your professional license probation conditions, the Board of Registered Nursing could take further disciplinary action. This could include a license suspension or revocation.

Public Reprimand

A public reprimand is a common disciplinary action imposed on nurses for minor DUI convictions in California. A reprimand letter will remain attached to your license for up to three years. However, this type of disciplinary action will not restrict your license.

While you are on public reprimand, you must meet certain conditions, including course completion and fine payments. The three years of reprimand often begin when you meet all the conditions. Although the ultimate goal is to walk away without disciplinary action against your license, a public reprimand is the least harmful action.

License Suspension

If you are convicted of drunk driving in California, the Board of Registered Nursing may suspend your professional license. A license suspension means you can only practice once the underlying issues are resolved. The Nursing Board works to protect the welfare of people in California. This is done by ensuring that individuals who hold nursing licenses can safely operate.

Since drunk driving involves reckless behavior, the board may be unsure of your ability to practice safely after your conviction. Before a license suspension, you must attend a hearing with the board where you can attempt to defend your license.

The suspension period for nursing licenses varies depending on the severity of your conviction. When your suspension period ends, you can petition the BRN to reinstate your license.

License Revocation

A nursing license revocation is the highest level of discipline handed down by the Board of Registered Nursing. If your license is revoked, you can no longer practice as a nurse in California. Not all DUI convictions will result in the loss of your license. Mostly, the BRN will take such extreme measures if you have multiple DUI convictions on your record or you cause an accident while drunk driving.

If you face a conviction for an aggravated DUI offense, you must hire a skilled lawyer to help you beat the charges. Criminal charges without a conviction will not cause you to lose your license.

Reinstating your Nursing License After a DUI Conviction

Depending on the seriousness of your DUI charge and criminal history, the Board of Registered Nursing could suspend your professional license. If your license is suspended for drunk driving, you are not completely locked out of your career.

Unlike a revocation, you can continue practicing as a nurse when your license is suspended. The process of reinstating your nursing license has the following steps:

Eligibility

Before you file a petition to reinstate a suspended nursing license, you must ensure that you meet the eligibility criteria. Eligibility, in this case, is based on the terms of the board's disciplinary decision.

 If your license is suspended after a DUI conviction, you may have to wait up to three years before petitioning the Board of Registered Nursing to reinstate your professional license. Filing a petition when the set time has stayed the same could result in the denial of your petition.

Application Process

When you are sure you meet the eligibility criteria, you can request a license reinstatement from the board. You will then be required to return the completed documents to the board. You can also attach any relevant material that could help your petition. These materials could include:

  • A summary of your completed rehabilitation program.
  • Evidence of continuing education.
  • Testimony from individuals who know your character.
  • Evidence that you have completed your probation.

Waiting List

After you have filed your petition, you will be placed on a waiting list for up to one year. The Board will contact you to confirm your continued interest in pursuing your nursing license reinstatement. If you want to move forward with the reinstatement, you will receive a notice to appear before the board within sixty days. Additionally, you will receive a deadline to submit additional materials for your petition.

Attend your Hearing

License suspension is a serious disciplinary action for nurses facing drunk driving convictions. The nursing board will suspend your license if its officials believe you are a threat to the safety of others. For this reason, you are not allowed to practice during the suspension period.

Attending a hearing for license reinstatement is an option. However, it is a chance for you to convince the board that you are not a threat to public safety. The main focus of this hearing is to obtain a favorable decision from the board. Therefore, you should not dwell on the conduct that led to a license suspension.

Instead, you should prove to the board that you understand the seriousness of your actions and are taking the right steps to remedy the situation. You can do this by showing that you have undergone drug counseling and rehabilitation. This allows the board to see you in a different light and believe that you will act better in the future.

Decision

After an assessment of the documents you produce before the board and listening to your testimony, the administrative law judge will decide on the best course of action. You will be notified of the board's decision within forty-five days of the hearing.

Appeal

There is no guarantee that the nursing board will reinstate your professional license even after the suspension period has elapsed. However, if the decision is not favorable, you can file an appeal. When you submit your appeal, the licensing board members will vote on whether they want to reconsider their decision.

If you seek to reinstate your professional license after a suspension for DUI, you will require expert legal guidance. Your attorney will help you fill out the correct documents and negotiate with the board members for reinstatement.

Nursing Licenses and Multiple DUI Offenses

You cannot lose your nursing license in California over a first-time misdemeanor DUI conviction. However, when you commit a second or subsequent DUI offense, you could face harsh disciplinary action. Being a repeat DUI offender may indicate that you have alcohol dependency issues.

If the licensing board suspects you have an alcohol or drug addiction, they may use your DUI conviction to mandate that you seek a psychological evaluation. This allows you to receive the treatment and rehabilitation you need.

Instead of going through a disciplinary proceeding, a nurse with alcohol dependency problems may be required to undergo an assistance program. Enrolling in and completing this program is important in helping you avoid similar conduct and keep your professional license. While you complete this program, the board will require that you stay away from work and work on appropriate probation conditions.

Although the nursing board will be notified about your DUI conviction, self-reporting may be a mitigating factor. Failure to disclose the facts of your conviction could result in further disciplinary action.

Find Expert Legal Guidance Near Me

Drunk driving is a serious offense under California law. As a registered nurse facing an arrest and DUI charges, you will need to worry not only about the criminal consequences of your conviction but also about the effect of the conviction on your professional license. According to the California Board of Registered Nursing, you must report your DUI conviction within a specified time.

Even when you do not report your conviction, the local or state government will notify the nursing board of the conviction. Depending on the seriousness of your violation and your criminal history, you could face probation, license suspension, or revocation. Battling your DUI criminal case and protecting your nursing license is challenging.

However, working with a competent defense attorney can help you streamline the process and give you a chance at maintaining your professional license. At The Legal Guardian, we understand how a license suspension or revocation could impact your career. We offer expert guidance and legal representation to all our clients defending against a nursing license suspension attorney in Long Beach, CA. Contact us at 866-448-6811 to discuss the details of your case.