As a nurse, you have dedicated your professional career to helping and supporting patients who need care. However, if you face DUI charges, your career may be in danger. A DUI conviction can result not only in criminal penalties but also could affect your nursing license. This is why you need the skilled guidance of an attorney knowledgeable in both criminal defense and the effects a DUI has on your professional license. 

DUI charges are always serious, but even more so for a nurse who may face suspension or even revocation of their professional license. At The Law Offices of Bryan R. Kazarian, our experienced attorneys can represent you throughout the criminal DUI process while also being aware of the potential consequences from the California Board of Registered Nursing (BRN). We care about our clients the same way that you care about your patients, and will fight to preserve your career and future.

DUI Consequences for Nurses in California

Do Nurses in California Have to Report to the Board of Registered Nursing if They are Convicted of a DUI? 

Registered nurses in Orange County, California and throughout the state must report a DUI conviction to the BRN within 30 days of that conviction. This includes both guilty and no-contest pleas. If you fail to do so, the BRN might impose additional disciplinary action.  

Keep in mind that even though you do not have to report a misdemeanor DUI arrest, the BRN is typically notified by the California Department of Justice of any arrests or convictions that involve nurses. The BRN may very well become aware of an incident and start an investigation even if you don’t report it. 

How serious is a DUI conviction for a nurse? The short answer is, very serious. The BRN considers a DUI conviction not only a violation of the professional standards expected of nurses but also as a serious threat to public safety. 

Nurses arrested for even their first DUI need a strong and effective DUI defense that addresses both criminal charges and the threats to their nursing license. When facing DUI charges, you should contact a skilled DUI defense attorney in Orange County, California at The Law Offices of Bryan R. Kazarian for help.

How Does the Nursing Board Handle a DUI Conviction? 

The BRN investigates the severity of the charges against you and then determines whether to take disciplinary action. The type of discipline is specified by the regulations in the Nurse Practice Act (“NPA”). 

It doesn’t matter whether you were on or off duty when the DUI took place. A driving under the influence conviction is considered by the BRN as unprofessional conduct. In addition, the BRN has full authority to discipline you for unprofessional conduct. This discipline can include suspending or even revoking your professional license. 

To determine the appropriate disciplinary action, the BRN considers the facts and circumstances surrounding your DUI in addition to any prior history. A skilled administrative licensing attorney can present your situation in the most positive light and help limit or avoid such disciplinary actions. Our office will work with that attorney to make sure your criminal case is handled in such a way as to have the least amount of damage to your professional license.

What Happens if A Nurse Gets a DUI In California? 

California courts take DUI charges very seriously. However, the stakes are even higher for licensed professionals such as nurses. Keep in mind that registered nurses in California face the usual DUI penalties, including minimum jail time, fines, fees and all the other mandatory minimum requirements. Under California Vehicle Code §23152, nurses can be arrested for driving under the influence of alcohol, drugs, driving with a blood alcohol content (“BAC”) above the legal limit or a combination of all three. Nurses also face disciplinary actions from the BRN, which we will explore in a moment.

The penalties for a nurse or anyone convicted of driving under the influence in California may include:

  • Fines and fees
  • DUI school
  • Community service
  • Suspended driver’s license
  • Jail time
  • Three to five years of DUI probation
  • Installation of an ignition interlock device
  • Attendance of a DUI program, Victim Impact Panel (MADD) and possibly the Hospital and Morgue (HAM) Program.

An important aspect of California law is that DUIs count as prior offenses. Thus, penalties become more severe if you are convicted of a DUI again within ten years. Also, the penalties and mandatory jail time increase with each subsequent conviction. Drivers found guilty of a fourth DUI face felony DUI charges and possible sentencing enhancements.

Besides a DMV hearing, jail time, and criminal charges, a registered nurse faces investigation and disciplinary actions by the BRN that can include the following: 

  • Letter of Public Reprimand – This is a formal written warning from the BRN that remains in place for three years. Although this reprimand does not restrict your ability to practice, it publicly acknowledges your violation and serves as a caution against any future wrongful conduct. 
  • Probation – The BRN can impose probation that typically lasts two years and includes random drug and/or alcohol testing. 
  • License Suspension or Revocation – For serious cases, the BRN can suspend or revoke your nursing license and require that you enter into a rehabilitation program. You must complete such a program before the BRN will even consider an application for the reinstatement of your license. 

What are My Affirmative Disclosure Requirements? 

According to the affirmative disclosure requirements, you need to report any criminal convictions to the licensing board no later than 30 days after the date of conviction. This applies whether you enter into a plea of no contest, plea of guilty, or you are found guilty in a trial.

When renewing your RN license, you are required to report any criminal convictions which obviously includes DUIs. This could lengthen the renewal process, which means you will need to allow extra time for the license renewal process. In addition, you must disclose whether the DUI arrest or conviction led to the suspension or revocation of your driver’s license.

Remember that the BRN investigates any and all behavior by RNs that might endanger the safety of their patients. This includes drinking and driving. Ultimately, the circumstances and facts of your individual case determines the effect on your RN license. In a worst-case scenario, a conviction for felony DUI or DUI with aggravating factors might not only mean the suspension or revocation of your nursing license, but could also mean substantial jail or prison time.

Plea bargaining a DUI 

What if you choose to negotiate via a plea bargain when facing a DUI charge? Depending on the circumstances, a reduced charge of a “wet reckless” (Vehicle Code 23103 per 23103.5 ) may be an obtainable alternative result. At The Law Offices of Bryan R. Kazarian, our attorneys are deeply familiar with the criminal and professional licensing consequences and the impact a DUI has on a nurse’s license. That is why we work hard to obtain the best result possible. 

You Have 10 Days to protect your California Driver’s License. Once you are arrested for a DUI in Orange County, and throughout the state of California, you will receive a Notice of Suspension from the arresting police officer (Form DS367) that allows you to drive for 30 days. However, the notice also states that you must request a DMV hearing within 10 days of your arrest or the DMV will automatically suspend your driver’s license after that initial 30 day period. 

DMV administrative per se (“APS”) hearings are different from criminal proceedings. Basically, if your BAC is higher than the legal limit or you decline to take a chemical test, the DMV can suspend your driving privileges after a DUI arrest. Moreover, regardless of how your criminal case is resolved, the outcome of the APS hearing still stands.

Are You Facing a DUI Charge in Orange County, California?

Most people incorrectly believe that after drinking a beer or two, they are under the legal limit of 0.08% and can lawfully drive. That assumption is a dangerous mistake to make. That mistake can cost you both your driver’s and professional licenses. Additionally, the mistake can even result in a criminal conviction that carries with it significant jail time, especially if someone was injured as a result of your behavior.

The knowledgeable attorneys at The Law Offices of Bryan R. Kazarian are familiar with the Orange County legal system and the effects DUIs have on professional licenses for registered nurses. We will fight to limit those consequences!  Contact us today at 855-918-4253 or reach out to us online