A single choice to drink and drive can quickly change your life for the worse. When a licensed professional, for example, a nurse who is entrusted with patient care, is arrested for driving under the influence (DUI), they face a second battle. This challenge involves safeguarding their career. As a nurse, you may be under scrutiny by the state’s Board of Nursing when convicted of a DUI offense. Your nursing license is at risk of being suspended or revoked due to the DUI. It is a legal punishment and a serious threat to your dedicated career.

It is in your best interest to understand the process of defending your nursing license and reinstatement options to work through this situation's reality and continue to practice.

Plea Bargaining a DUI and How It Affects Your Criminal Case and Nursing License

If you are facing a DUI charge, navigating the legal system can be daunting. However, the legal process often provides options for resolving the matter without trial through plea bargaining. Your defense lawyer will negotiate with the prosecutor to reach an agreement. This agreement, or a plea bargain, is usually a plea to a lesser charge than the DUI.

A plea bargain aims to mitigate potential penalties and avoid litigation risks.

A common outcome in DUI cases is a plea to "wet reckless." This is addressed under VC 23103.5. This law deals with reckless driving where the driver has alcohol in their system. This is legally distinct from a standard DUI conviction under VC 23152.

An offer of a “wet reckless” plea can be significant. The benefits usually include:

  • A reduction of the mandatory minimum sentence

  • Possibly a lower fine and fee assessment, and

  • A shorter wait for state alcohol education requirements than an ordinary DUI conviction

In California, a wet reckless conviction under VC 23103.5 can result in fewer DMV penalties than a DUI. Nevertheless, the DMV can impose license restrictions or a suspension.

However, the ramifications of resolving a DUI case through a plea bargain affect occupational licensing for licensed professions, like nursing, by the California Board of Registered Nursing (BRN). The BRN, along with other regulatory agencies, puts the safety of the public and the profession first. As a result, they usually consider convictions or admissions regarding impaired driving to be reportable. This includes a "wet reckless" or other reduced alcohol traffic offense. When a license holder engages in behavior of this nature, the board could impose limitations on their professional practice.

The BRN independently assesses the situation of the offense by reviewing the information in the plea agreement. This includes:

  • The admitted level of blood alcohol content (BAC)

  • Whether there was a traffic accident

  • Whether anyone was injured, and

  • Any other aggravating factors

With defense strategies aimed at reducing the impact of these factors, the BRN will take them into account when imposing discipline. The board could discipline you by reprimand, probation, suspension, or revocation of your license. Thus, having an attorney with criminal defense and professional licensing defense experience is important. To protect your nursing license, your attorney must understand how to negotiate plea agreements with the BRN and be aware of the BRN’s possible responses.

How the BRN Handles a Nurse's DUI Conviction

While the anxiety from a DUI arrest is natural, it is the conviction that causes the California Board of Registered Nursing (BRN) to take action first and foremost. According to the BRN, for purposes of professional licensure, a conviction means either:

  • A finding of guilt after a trial

  • An entry of a guilty plea or

  • A plea of nolo contendere (no contest)

No matter how you end up with a conviction, a mandatory report will be made once it is on your record.

The California Department of Justice (DOJ) reports criminal convictions, including DUIs, to state professional licensing boards like the BRN. This automated notification alerts the BRN to a potential issue based on the arrest, which upgrades the situation to one requiring their direct attention and investigation into how that issue could affect your license.

In addition to the DOJ automatic report, as a nurse licensee, you have a separate, independent mandatory duty to report your DUI conviction directly to the BRN. This self-report is due within 30 days of the date of conviction. It is important to know that you must still do this even if you are confident or believe the BRN will be informed through the DOJ. If you fail to fulfill your reporting duty, you commit a separate violation of the Nursing Practice Act, which the board could punish with further disciplinary action, possibly more severe than the first violation for the underlying DUI.

The BRN will initiate a review when notified of a conviction. They will want to assess how the incident affects your ability to practice nursing safely and competently. Your blood alcohol content (BAC) at the time of the offense, any prior convictions for any type of criminal offense, and any aggravating factors like the presence of an accident or injuries will all be closely investigated in your DUI case. When selecting the appropriate disciplinary action, the BRN will consider factors including reprimand, probation, suspension, or revocation of your nursing license.

Strategies You Can Take to Protect Your License After a DUI Arrest

When you find yourself arrested for driving under the influence (DUI), the time right after your arrest is crucial when it comes to protecting your career. Besides the profound anxiety associated with the criminal charge, the most critical issue to consider is the possible effect on your California Board of Registered Nursing (BRN) license. Taking immediate, proactive steps is essential. Hiring an attorney is not just a good idea, but necessary. This means hiring a qualified criminal defense lawyer to handle the court process and attempt to achieve the best results possible for your criminal charge.

Since your job is at stake, talking to a nursing license defense and administrative law attorney simultaneously is best. Lawyers who understand the Nursing Practice Act, BRN investigations, and the sometimes complicated administrative discipline process that is different from criminal court. They can guide you on licensing ramifications right from the very start.

Furthermore, you should gather the necessary paperwork for your case. Include the original arrest report and all court documents as they become available. Character references from people you trust, like colleagues and supervisors, may be helpful. Performance evaluations may also help. Moreover, if you voluntarily take steps toward recovery or self-improvement related to substance use, document them and include them with your petition.

It is crucial to start taking action to mitigate risks before the BRN makes contact or there is an inquiry from the board. When you voluntarily enroll in alcohol or substance use assessment or treatment programs, like attending Alcoholics Anonymous (AA) regularly, having individual therapy, or having an evaluation by a qualified professional, you demonstrate responsibility, insight into possible underlying problems, and a commitment to opt for treatment. The BRN could view this favorably when they review your application.

During this tough time, being fully candid and open with your attorneys, criminal defense attorneys, and license defense attorneys is crucial. Give them all of the information, including what you believe is negative. This enables them to create the strongest possible defense and strategy for the criminal aspect of your case and the administrative aspect.

Avoid revealing the details of your arrest or case to your colleagues, friends, or employer without your lawyer’s consent. If you make a mistake, it could hurt your defense.

The California BRN Intervention Program

The BRN Intervention Program gives nurses whose practice may be impaired because of substance use disorders or mental illness a voluntary and confidential alternative to discipline. The nurse monitor program aims to safeguard the public while providing nurses with confidential monitoring, treatment, and support for recovery.

Eligibility often requires the nurse to have a substance use disorder that negatively affects their ability to practice safely. If you agree to take part, you must follow a strict plan that will involve checkups, counseling, support groups, and regular, random drug and alcohol testing.

One of the main advantages of the Intervention Program is that if you complete the program, no formal disciplinary action will appear on your public record. Moreover, you will be able to practice under monitored conditions.

On the other hand, there are some downsides as well, namely:

  • It is a strict program

  • It takes three years or longer

  • It involves considerable costs

  • It could limit your nursing practice

If you fail to comply or complete the program, the case could be referred back to the BRN for formal discipline, which could result in the suspension or revocation of your license. Whether or not to do so should be made only after consultation with an attorney with consistent BRN experience, as participation involves admitting to an issue. This is not suitable for all DUI cases, but more so for cases with an evident pattern or diagnosis of substance abuse.

Navigating the California BRN Disciplinary Process Following a DUI

The California Board of Registered Nursing (BRN) will usually reach out to investigate a DUI conviction or arrest in some other situation. The process involves collecting information about the incident and evaluating the incident’s impact on the ability to practice safely.

There are three possible actions that the BRN could take based on the investigation’s results:

  • One option is no action, which results in the closing of the case

  • Other legal actions include the issuing of a citation and fine for a minor violation

  • In other, more serious cases, an accusation may be filed. This is a legal document that sets out the charges against your license. It will also state how the BRN plans to discipline you. This could mean punishment ranging from a public reprimand to probation for a California nursing license. Other outcomes may be suspension or even revocation of your nursing license.

As a nurse who has received an accusation, you have the right to file a “Notice of Defense” and request an administrative hearing before an administrative law judge. Your attorney could also try to negotiate a stipulated settlement agreement with the BRN, a mutually agreed-upon resolution. What happens to you depends on the case's specifics, your previous history, mitigating factors, and how smoothly you handle the process.

Petitioning for Reinstatement of Your California Nursing License

When the California Board of Registered Nursing (BRN) revokes your nursing license, especially following a DUI or similar issues, you will probably feel overwhelmed, and your nursing career might even end. It is important to know that in many cases, the route back to nursing practice is still available through petitioning for license reinstatement. Reinstatement is not automatic, and it requires significant effort. However, California law grants individuals whose licenses to practice have been revoked the right to seek reinstatement from the licensing board after a waiting period specified by statute.

The waiting period is generally one to three years, but it can depend on the circumstances that led to the original license revocation and the activity that caused it. Reinstatement is an administrative and legal process that puts the onus on you to prove, with good evidence, that you have been fully rehabilitated and are now fit to practice nursing safely and competently. It is not just a matter of reapplying. It requires the filing of a petition and making the necessary argument.

The amount of evidence you submit with your reinstatement petition must show the positive changes you have made in your life since your license was revoked. This means showing:

  • Concrete evidence or verification of sobriety, if substance use is one of the factors

  • Completion of any required or recommended treatment programs,

  • and ongoing participation in support groups, for example, AA or Narcotics Anonymous

  • Demonstrating psychological stability and wellness

  • A positive employment history, even outside of the nursing profession, showing responsible and reliable behavior

  • Numerous positive character references from credible individuals who can attest to your current character, integrity, and readiness to return to the profession

In addition to the written application and supportive documents, you will probably need to go through independent evaluations, for example, psychological or substance abuse, to evaluate your current condition further. You might also have to attend a legal hearing before the BRN. This hearing is your chance to speak in person, either to the board members or an administrative law judge, about the steps you have taken, your insight into the past, and your commitment to practice safely.

After a reinstatement, the BRN may impose terms and conditions for safe practice. These conditions monitor your practice for public safety. You must comply with them for a set period. Legal expertise helps with reinstatement, reviewing the evidence, and making a strong presentation to the board.

Applying For a California Nursing License With a Prior DUI

If you want to become a nurse but have a DUI conviction on your record, this could affect your application for a nursing license. The BRN requires applicants to report all misdemeanors or felonies, including convictions that have been dismissed.

When you apply for your nursing license, always be honest and forthright. Not revealing a prior DUI conviction can be viewed by the BRN as falsification of the application and grounds for denial of licensure based on dishonesty, which can be harder to overcome than the underlying DUI itself. When assessing a DUI applicant, the BRN will look at:

  • How long ago the incident happened

  • The nature of the offense

  • Successful rehabilitation since the incident

  • Completion of all court-ordered fines, programs, or probation, and

  • Performance and behavior during nursing school

Preparing a comprehensive application packet is vital. Your application should consist of a detailed letter of explanation regarding the DUI. This letter should provide some context and insight into your past mistake and strong evidence of rehabilitation. For instance:

  • Proof of attending counseling or support groups

  • Evidence of completion of community service

  • Letters from credible sources, like nursing instructors or mentors. These individuals must be able to speak to your current fitness and character.

A DUI on your record does not automatically disqualify you from securing a nursing license. However, this will subject your application to greater scrutiny, and your license could be granted with probationary conditions or, in rare cases and if not addressed effectively by your lawyer, denied with an opportunity for a hearing (Statement of Issues).

Before submitting your application, it is highly advisable to consult a lawyer familiar with BRN licensing matters so you can make the best case.

Find a Professional License Defense Attorney Near Me

Facing a DUI charge is certainly challenging as a nurse who has worked hard to build your career. However, a DUI conviction or a license revocation does not have to be the final chapter. It could make a difference if you understand how the BRN works, fulfill reporting obligations, and actively show your commitment to rehabilitation and safe practice. You also need legal help to protect your license and your future.

As a nurse in Long Beach facing a DUI and the potential impact on your nursing license, you should act fast. Contact The Legal Guardian today at 866-448-6811 for a confidential consultation to discuss your options and build a strong defense strategy.