You commit a crime of DUI when you operate a vehicle under the influence of alcohol or drugs. California law is stringent on defendants facing charges for drunk driving. After a conviction, you will be sentenced to jail, time, fines, and suspension of your driver’s license. However, the consequences of your conviction will go beyond these criminal penalties.

As a registered nurse, a conviction for drunk driving can impact your ability to practice in the field. This could occur when your license is suspended or revoked by the BRN. Additionally, if you are a nursing student, having a DUI conviction can make the process of obtaining a nursing license challenging or impossible.

Before you are denied the right to practice nursing after a DUI, the BRN will hold an investigation and an administrative hearing. This allows you to defend yourself against harsh disciplinary measures. Your choice of legal representation while facing an administrative hearing and potential disciplinary action from the Board of Registered Nursing in California can make a difference in the outcome of your case.

Impact of DUI on Your Ability to Obtain Your Nursing License

If you have a DUI conviction or face charges for DUI while studying to become a nurse or while applying for a nursing license in California, you may need clarification on how your charges will impact your license. The process of becoming a nurse and obtaining a nursing license requires years of education, training, and tough licensing exams.

However, you may not even have the chance to hold your license owing to a drunk driving conviction. DUI is a serious offense whose conviction will not only put you in jail but can devastate your career.

The Board of Registered Nursing will perform a background check even after passing your licensing examination. This allows the board to discover the convictions you did not report during your application for a license. As a nursing student in California, your ability to obtain a license with a DUI on your record includes the following:

  • The rehabilitation steps you have taken since your conviction. If you faced a drunk driving conviction before applying for a nursing license, evidence of your rehabilitation could increase your chances of obtaining the license.
  • How well do you handle your license application? All information you submit to the BRN is legally admissible. Your explanation for the drunk driving conviction can significantly impact your license application.
  • Whether or not you submitted proper mitigating evidence in your license application. When applying for a nursing license with a DUI on your record, you can present some mitigating factors to convince the board that you deserve the license.
  • The nature and severity of your drunk driving conviction. Different factors in your drunk driving conviction may make it more severe or less serious. For example, if you have a single conviction for a simple DUI on your record, you may be in a better position compared to when you have multiple DUI convictions.
  • If you have taken the right steps to clear the conviction. If you have obtained an expungement for your DUI conviction, your chances of receiving your nursing license could be higher.

Although the BRN has the right to deny you a professional license owing to your DUI conviction, you can avoid the outcome by hiring a skilled attorney to defend your drunk driving charges and prevent a conviction.

If your first application for a nursing license is denied, you can appeal the decision with the guidance of a knowledgeable license defense attorney.

Losing your Nursing License After A Drunk Driving Conviction

Building a nursing career can be lengthy and requires time and dedication. Your ability to practice as a registered nurse in California is tied to your professional license. Unfortunately, your years of effort could go down the drain, and you could be denied practice if you are charged and convicted of drunk driving.

Nurses are held in high regard. This is because they offer critical and lifesaving services for patients. Drunk driving is reckless conduct that places people at risk of injuries or losing their lives. For this reason, the California Board of Registered Nursing is strict about professionals facing charges or convictions for this offense.

The BRN requires you to report your criminal convictions within thirty days, including guilty verdicts, no-contest, or plea bargains. However, even when you do not report, the Board will be notified of your arrest and conviction by the Department of Justice.

The BRN recognizes the stress caused by the nursing profession and how it can drive a person to alcohol or drug use. For this reason, they have created drug- and alcohol-intervention programs. Although deciding to participate in these programs is personal, your participation may be a mitigating factor in your disciplinary case.

Drunk driving is considered unprofessional conduct for nurses. Therefore, the board will evaluate the factors of your conviction before determining the right disciplinary action to impose against you. The nature of the disciplinary action you will face from the BRN after a DUI conviction will vary depending on the following factors:

  • Your criminal record. The Board will impose harsh disciplinary action on a registered nurse for multiple drunk driving convictions. Being a repeat offender indicates an inability to rehabilitate.
  • Nature of drunk driving conduct. The effect of your drunk driving conduct on other people may impact the disciplinary action. If you operated with an excessive BAC and caused an accident, your punishment could be harsher.
  • Your conduct on criminal probation. Probation is a common sentence for defendants facing a conviction for drunk driving in California. Probation lasts one to five years, depending on the nature of your DUI charge. Your conduct during the probationary period may determine the outcome of your administrative hearing.

Some of the disciplinary actions that could impact your ability to practice as a nurse after a DUI conviction include:

License Suspension

If the BRN suspends your license for drunk driving, you cannot practice as a nurse for a specific period of time. The length of your license suspension will vary depending on the severity of your DUI charge and other circumstances in your case. During the period of your professional license suspension, the board may impose different conditions for you to follow, including:

  • Mandatory reporting to the board
  • Take education courses.
  • Random drug testing

When the suspension period ends, and you meet other eligibility requirements, you can petition the BRN to reinstate your nursing license. When your suspension is lifted, you could be placed on professional probation. This means that your practice will be closely monitored.

License Revocation

A nursing license revocation is the harshest disciplinary action that the Board of Registered Nursing can impose against your license. When your license is revoked, you must surrender it to the BRN, and you can no longer practice as a nurse. You will be an unlicensed individual when this action is taken against you.

The BRN will revoke your nursing license if you have multiple drunk driving convictions on your record. Additionally, this extreme action could be prompted when your DUI results in severe injuries or death to another person.

Suffering a nursing license revocation can jeopardize your career and livelihood. While the BRN could allow you to reinstate a revoked license, the process is challenging and may involve retaking the licensing examination.

Reinstating a Nursing License Suspended for Drunk Driving

Obtaining a nursing license takes years of education, experience, and passing a licensing exam. As a registered nurse in California, your license is your livelihood. You must produce it when seeking employment or offering your services. Losing your license as a result of a suspension or revocation after a drunk driving conviction can be devastating.

If your nursing license is suspended for DUI, you cannot continue to practice through the suspension period. However, you can petition to reinstate the license when this time ends. This allows you to move forward with your career. The process of reinstating a nursing license suspended for DUI takes the following steps:

Meet the Eligibility for a reinstatement

Before you file a petition to reinstate your nursing license, you must meet the eligibility criteria, which include:

  • Time

A professional license suspension is not a permanent action. Therefore, you can reinstate your license after the suspension period ends. If you are charged and convicted of drunk driving in California, the Board of Registered Nursing will suspend your license for up to three years. Therefore, you can petition for reinstatement after this period.

  • You Should not be Serving a Sentence for the crime or Other Offenses

When petitioning to reinstate your professional license after a DUI, you must ensure that you are not serving jail time or probation for the underlying offense or other crimes. Additionally, individuals on parole cannot have their nursing license reinstated. If you face additional criminal charges while your license is suspended, you must complete the sentence for that offense before you begin the license reinstatement process.

  • Meet the Terms of Your License Suspension

When the Board of Registered Nursing suspends your license owing to a drunk driving conviction, they will impose conditions you must follow through the suspension period. Most of these conditions aim to rehabilitate you from the conduct that prompted your license suspension.

When setting the appropriate terms of your license suspension, the board will consider the following factors:

  • The circumstances that resulted in your drunk driving conviction
  • The potential or actual harm caused to others as a result of your conduct
  • The presence of mitigation evidence in your case
  • Your criminal record

If you have a history of drug abuse and it is linked to your drunk driving conviction, the board could order you to undergo drug counseling or a rehabilitation program. Additionally, you may be subjected to random drug testing throughout the suspension period. You will qualify to reinstate your nursing license if you meet these conditions.

Filing the Reinstatement Petition

If you meet the license reinstatement eligibility criteria, you must file a petition with the Board of Registered Nursing. This is done by completing the reinstatement forms and mailing them to the BRN. With your petition, you can attach different documents that could increase your chances of reinstatement.

Some of the documents that could improve your credibility in the license reinstatement process are the sworn statements of colleagues indicating your rehabilitation process. You must indicate correct and factual information in your nursing license reinstatement petition. A mistake in these documents could result in the denial of your petition.

Your Name is Placed on a Waitlist

When you complete your petition for reinstating your nursing license, the BRN will place your name on a waitlist. You must wait up to twelve months for the board to contact you. After the waiting period has elapsed, the board contacts you to inquire about your interest in reinstating your professional license.

If you still want to have your nursing license reinstated, you will be invited to appear before the board within sixty days, after which a reinstatement hearing is scheduled.

License Reinstatement Hearing

At this stage of your license reinstatement process, you must convince the board why you deserve to have your license reinstated. You can do this by presenting evidence of rehabilitation. If you lost your license due to a drunk driving conviction, you must present evidence showing how you have been rehabilitated from the criminal conduct.

Other entities that could be invited to this hearing include the administrative law judge and court reports. The court reports will testify on the successful completion of your DUI sentence and whether you met all the court obligations of your sentence.

The main purpose of this hearing is to tell the BRN that you can safely practice as a nurse without jeopardising patient safety. Unlike the pre-suspension hearing, where the burden of proof lies on the board, you have the burden of proof at this hearing.

Navigating a nursing license reinstatement hearing can be nerve-wracking. Your ability to continue practicing in your field is hanging in the balance. Therefore, having a reliable license defense attorney throughout this process can make a significant difference.

Your attorney will gather all the relevant documents and witness testimonies to show your rehabilitation. Additionally, the lawyer will work hard to convince the board to reinstate your license.

The Board’s Decision on License Reinstatement

After attending the board hearing, you must wait up to forty-five days to be notified of the board’s decision. The decision to rehabilitate your license will depend on the strength of the evidence you presented and your ability to safely carry out your nursing duties. Besides, your presentation at the board hearing may affect the outcome of your petition.

Appealing the Board’s Decision

The BRN may deny your petition to reinstate your nursing license after a suspension for drunk driving. Your reinstatement license may be denied if there is insufficient evidence to price your rehabilitation. Another reason for a license reinstatement denial is if you have not completed the obligations of your DUI conviction.

After your license reinstatement has been denied, you have up to thirty days to file an appeal. If you appeal the board’s decision, the board members often vote to determine whether your case is eligible for a review, after which a closed-door meeting is held to determine your fate.

Must I Report my DUI Conviction to my Employer

You must report all misdemeanor and felony DUI convictions in California to the Board of Registered Nursing. Even when you fail to report, the board will be notified by relevant authorities. Many RNs are unsure of how to move forward after facing DUI charges.

Whether or not you must report the conviction to your employer varies depending on the nature of your employment contract. A license-defense attorney will evaluate your contract and guide you on the way forward.

Can a Single Misdemeanor DUI Conviction Cause me to lose my license?

Your RN license represents your ability to practice as a nurse in California. However, facing charges or a conviction for DUI can jeopardize your career. Whether or not the BRN will suspend or revoke your license after receiving notice of the conviction depends on your case's different factors, your criminal history, and how you present yourself at the administrative hearing.

Find a Competent License Defense Attorney Near Me

Facing criminal charges and a conviction for drunk driving can be devastating for anyone. The conviction will see you spend time behind bars and cause you to lose your driver’s license. Unfortunately, the consequences of a conviction are more severe for registered nurses and other professionals who require a license to practice.

If you do not report your conviction to nursing through the self-reporting requirement, they will be notified by relevant authorities. Drunk driving is not only a violation of California law but can also be an indicator of recklessness, which cannot be tolerated in the nursing field.

Therefore, when the board is notified of your conviction, they can impose severe disciplinary measures, including suspension or revocation of your license. This will impact your ability to practice nursing, either temporarily or permanently.

If you are a registered nurse or nursing student facing drunk driving charges in Long Beach, CA, you must enlist our expert services at The Legal Guardian. Our skilled attorneys will craft a comprehensive strategy to defend your license and ensure that you retain your right to practice. Contact us at 866-448-6811 to discuss your legal situation.