The California Board of Registered Nursing (BRN) is responsible for issuing and renewing nursing licenses in the state. You're probably quite familiar with the BRN if you're a California nurse.
Unfortunately, a DUI arrest in California could result in you having to deal with a different type of interaction with the BRN than you're used to. Depending on the outcome of your case, if you've been arrested for a DUI, the BRN may take disciplinary action that could theoretically jeopardize your ability to continue practicing as a nurse both here and elsewhere.
Be aware that this aspect of your case will differ from the criminal one. While an arrest will naturally trigger a criminal case, an arrest (or, more often, a DUI conviction) can also trigger a BRN investigation. You need to account for the differences between a criminal case and a BRN investigation when defending your professional license.
The Lento Law Firm Professional License Defense Team offers the unique services you need right now. Our team is prepared to offer the defense you need when the license you've devoted years to working for is on the line. Get started today by submitting your information through our online form or calling us at 888-535-3686.
Should You Report a DUI Arrest as a Nurse in California?
The BRN does not require you to report an arrest for a DUI. You only need to report a conviction.
Regardless, it's wise to enlist the help of legal professionals early after getting arrested. Don't assume you can wait to see whether you're convicted before hiring a lawyer to defend your professional license.
First, it's worth noting that the California Department of Justice will usually automatically notify the BRN when you're fingerprinted after an arrest. The fact that you don't need to report an arrest doesn't mean the BRN won't learn of it.
At the Lento Law Firm Professional License Defense Team, we can review the details of your case and help you determine whether it's necessary to be proactive and report an arrest now, even if BRN rules don't necessarily require doing so. We can also help you prepare for the way a conviction might affect your nursing license.
What California Nurses Need to Know About Reporting DUI Convictions
You don't have to report a DUI arrest, although contacting the BRN may be wise regardless. Your lawyers can explain the best course of action in your circumstances. Again, the BRN is likely to learn of the arrest through the California Department of Justice anyway.
Regardless, BRN rules do require you to report a DUI conviction. A conviction in this case also includes entering a plea of no contest. It even includes a conviction that was set aside or deferred.
Nurses in California must notify the board of any alcohol-related conviction when renewing their licenses. The BRN's rules also require nurses to report any criminal convictions to the board within 30 days of said convictions.
What to Include When Reporting a DUI Conviction to the California BRN
When reporting a DUI conviction (or any similar conviction) to the BRN, a nurse must provide the following:
- Description: A report must include a detailed description of the circumstances and events surrounding an arrest and conviction. In this context, a nurse must provide the date, time, and location of their initial arrest. Additional factors and details to include are the law enforcement agency that handled the arrest, the court that handled the case, and sentencing details.
- Arrest documents: A nurse's report to the BRN should also include any relevant documentation, such as a police, arrest, or booking report. A nurse will usually have to provide written confirmation from the relevant agency confirming that they're unable to secure certain pieces of documentation. A nurse shouldn't delay a report because they can't track down a piece of documentation, as they run the risk of missing the 30-day deadline if they do so.
- Court documents: A nurse must also provide certain court documents when reporting a DUI conviction to the board. They generally need to provide documentation relating to their initial charges, as well as documentation related to their final conviction and sentencing. The exact documents a nurse may need to provide can vary depending on the specific details of a given case.
- Mitigating evidence: Reporting a DUI conviction to the BRN also gives a nurse the opportunity to present evidence of mitigation or rehabilitation. The BRN may consider this evidence when deciding what type of disciplinary action (if any) to take against a nurse.
Ensuring you've included all necessary documentation and information with your report to the board can be overwhelming. You don't want to accidentally exclude anything, potentially causing the board to wonder if you were intentionally hiding certain information.
On the other hand, if you're too thorough, you might include unnecessary documentation or information that could harm your case. For example, your description of the DUI and your arrest could include information that portrays you more negatively than is reasonable. In an effort to provide the board with all the information it needs, you might have accidentally also provided it with a reason to consider harsher discipline than you would otherwise face.
You must also consider the challenge of actually gathering all this documentation. Doing so might be unreasonably demanding if you're also trying to navigate the way a DUI conviction has affected your personal life.
These are all reasons to contact the Lento Law Firm Professional License Defense Team shortly after your DUI arrest. We can ensure you're prepared to offer the BRN everything it needs should you have to report a conviction. We can also gather necessary documentation on your behalf, helping you simplify what could otherwise be a very complex task.
Will I Lose My Nursing License in California After a DUI Arrest?
The BRN may consider limiting your freedom to practice nursing after a DUI arrest but before a conviction, if there's reason to believe you pose a danger to patients. However, the BRN will often allow nurses to keep their licenses after first-time misdemeanor arrests that haven't yet resulted in convictions.
However, the law permits a judge to strip a nurse of their privilege to practice nursing during an ongoing criminal proceeding. If they find a reason to do so, a judge may require the BRN to suspend a nurse's license throughout the duration of their case. Or, a judge may require the BRN to place certain limitations on how a nurse can practice while their case remains ongoing.
It can be quite frightening and confusing to wonder if you'll be allowed to continue working as a nurse both in the near and long-term future after an arrest for a DUI in California. One of the best steps you can take to give yourself some peace of mind now is to hire lawyers who handle cases like yours.
At the Lento Law Firm, our Professional License Defense Team will ensure you thoroughly understand the way an arrest affects your privilege to practice nursing now. We'll also fight to defend your privilege to practice nursing in the future.
Potential Consequences of a DUI for a California Nurse
The BRN may initiate an investigation immediately upon being notified of your DUI arrest. Again, while the BRN might not take any disciplinary action until you're convicted, the process of looking into your case could start fairly early. Once more, you may protect yourself from the start by hiring lawyers qualified to handle this aspect of your case.
The BRN may consider several options when disciplining a nurse for a DUI. Common examples include:
- Public reprimand: This is a form of discipline the board tends to consider for minor violations of the Nurse Practice Act. It involves publishing a public Letter of Reprimand that's attached to a nurse's license and may be publicly viewable for three years. A public reprimand places no restrictions on a nurse's privilege to practice nursing.
- Probation: The BRN may order a nurse to undergo a probationary period during which they must abide by certain conditions. For example, the BRN may require a nurse to undergo regular or random drug or alcohol testing while they're on probation. The BRN can also generally place any restrictions it deems necessary on a nurse's license during a probationary period.
- License suspension or revocation: The BRN may suspend or revoke a nurse's license in response to a DUI conviction for several reasons. For instance, the BRN may take this action if this isn't a nurse's first DUI arrest. During a suspension, a nurse will be essentially unable to practice nursing in California until the suspension is lifted. They may need to re-apply for a license entirely if their nursing license is revoked.
The BRN has substantial power over the future of a nurse's career after they've been convicted of a DUI. It's critical that you protect yourself during a BRN investigation by hiring lawyers who understand how cases like yours play out. That's exactly what you'll find at the Lento Law Firm Professional License Defense Team.
The BRN Intervention Program: An Option to Consider
The BRN offers an Intervention Program whose purpose is to help nurses with substance abuse problems access treatment. The Intervention Program offers a personalized plan designed to allow a nurse to receive proper care and ideally restore their ability to treat patients safely and independently.
A nurse who has been arrested for or convicted of a DUI in California may receive an informational letter from the BRN explaining the Intervention Program. If you receive such a letter, don't respond to it until you've had the opportunity to review it with our team.
Participating in the Intervention Program can be the type of mitigating factor that might incline the board to be relatively lenient when disciplining a nurse. Agreeing to participate in the Intervention Program could, in some cases, help nurses keep their licenses.
That's not to say participating in the program is always a good idea. At the Lento Law Firm, our Professional License Defense Team lawyers will gladly explain the pros and cons of this option in your circumstances.
The Importance of Hiring Professional License Defense Attorneys After a California DUI as a Nurse
You might assume a criminal lawyer is qualified to represent you in the BRN portion of your case after a DUI. Because you're facing criminal charges, you might think it's wise to hire one lawyer for both cases.
That's not necessarily so. A BRN investigation can differ from a criminal case in many ways. The following are just a few examples:
- Although the BRN certainly can't break the law, it may not always follow the exact same rules of due process that police, judges, etc., must follow in a criminal case.
- The potential consequences of a BRN case for a nurse are different from those of a criminal case. Thus, the BRN may account for different factors when making disciplinary choices.
- There's no jury in a BRN case. The way in which a case is presented to the board is unique.
- The BRN has its own set of rules and policies. A criminal lawyer may not be familiar with them. They may lack the legal knowledge required to build a strong defense.
- The BRN often considers various mitigating factors that may show a nurse deserves lenient sentencing. Lawyers who've handled these types of cases before are more familiar with the mitigating factors that are most likely to make a positive impression on the board. They might also have more experience presenting cases in a way that BRN members find persuasive.
At the Lento Law Firm, our Professional License Defense Team specifically works with clients whose licenses are at stake. We understand the way these cases differ from criminal ones, and we apply that knowledge to offer our clients the kind of defense other types of attorneys might not be qualified to deliver. Learn more about what we can do for you by calling us at 888-535-3686 today or contacting us through our online form.
