Nurses and DUI Charges: Don't Drive Buzzed or Drunk!!!

This has been an interesting year already. I have received three phone inquiries from nurses about DUI charges and its nursing licensure impact.

A RN in Cincinnati, Ohio was sentenced to 6 years in prison this week (the article appeared in the Cincinnati Enquirer) for a car crash that left one dead and another seriously injured. Her blood alcohol level was twice the legally permissible level.

Do not drive intoxicated! If you have a few drinks (beer, shots, wine, etc.) then have someone drive. Don't drive. Catch a cab or have a friend or family member pick you up. You may not think you are drunk but don't take that chance.

In the end the extra effort can save lives, your employment, and your nursing license. Also when a licensed professional is charged with a crime, the headlines say:  Nurse Charged with DUI, Lawyer Charged with Theft Crimes, Teached Indicted for Misconduct, etc.

Whether or not you have to report a DUI conviction depends on the state(s) where you are licensed. If you have been charged with a DUI or DWI, contact a licensure defense attorney associated with The American Association of Nurse Attorneys (TAANA) for a consultation. See www.taana.org.

Comments

[DUI Lawyer Hennepin County MN]

A DUI on your record affects more of your life than you realize. To start you may have to pay fines, surrender your driver's license, or even have you vehicle impounded. A charge on your record may also affect your employment or ability to borrow money. If you can, avoid the charges being placed on you but if you can't or don't avoid them, seek legal counsel.

[concerned citizen]

What is wrong with people!? A DUI has nothing to do with how a nurse practices. A DUI has nothing to do with how anyone performs their job. You might as well take away the license of any professional who drinks period. You have a drink you lose your license. A drinking nurse that stays home is no different than one that drinks then drives home. If you get drunk at home, you should lose your license. Drinking and practicing nursing are completely unrelated. People, are soooooo stupid. Hey, how about this, if you drink you should not be on any medical/nursing review board.

You may have a drinking problem. Getting drunk when your not working (driving or not) affects your judgement at work? Anyone who believes that should not work. They are obviously too dumb to be working. Ok, anyone who gets drunk should not work when their sober. Lets create a drinking welfare state.

Getting drunk on a weekend means you are unfit to perform any kind of job during the week when you're sober (DUI or not). Taking away someone's job will make them drink more, you stupid idiots. This is some bullcrap way of practicing prohibition.

[latonia]

Concerned Citizen,

You are obviously not a licensed healthcare professional or a licensed professional. Thank you for the comment anyway.

[Jack Stem]

Unfortunately, this is a far too common thought process when it comes to this issue.

We have a lot of work to do and many obstacles to overcome before we can change the way people react to the disease of chemical dependency. Myth, mis-belief, and misunderstanding are the basis for most of the negative attitudes. Unfortunately there will always be those who simply won't change their view no matter how much scientific evidence is gathered and presented. You can lead a person to knowledge, but you cannot make them think.

Jack

[Susan Perticone]

I am an RN in California. I agree with the above comment until it gets ridiculous. If you make a mistake and get a DUI, that is a horrible thing. You put people at risk. But, it is not a malicious, planned crime. The court punishes you with enormous fines and multiple hours of classes. However, like the separate of church and state, I don't see how a DUI should affect your nursing license. You're not drinking at work, right? And no, I don't have a DUI.

[Nursing Law Bandit]

Dear Susan,

thank you for the comment. DUI is a public policy issue and has been for several years with more and more citizens being injured or killed by drunk drivers.

Its a privilege to hold a nursing license, not a right therefore the State Nursing Board has authority in accordance with the Nurse Practice Act to determine the guidelines for renewal and issuance of a nursing license. Some State Boards may not inquire about DUIs, but I know the Ohio, Kentucky, and Indiana Nursing Boards look at DUIs.

I am seeing more and more RNs, LPN, APRNs, and NCLEX Applicants with DUIs in the last two years than I have in my eight years of licensure defense.

The Board examines whether or not the nurse or NCLEX-applicant has a chemical dependency, the circumstances surrounding the DUI (was there injury or death to another party, is this the first DUI, is this conviction one in series of convictions involving drugs or alcohol, etc.), whether the individual is safe to practice nursing, and whether any restrictions or monitoring of a license should be proposed.

Employment as a nurse requires a State-issued nursing license by a State regulatory agency (State Nursing Board). Remember the role of the State Nursing Board is to protect the public and criminal laws are written to protect the public safety and welfare. DUIs and criminal convictions (even if arguably unrelated to one's nursing practice and committed during's one's personal time off the clock) can be reviewed depending on the State Nursing Board and the nursing law and rules.

Happy New Year!!!!

[kr]

I do not agree with the board of nursing taking away your license. I am not proud of it, but I got a dui and i am still trying to receive a new license. I worked for six months at a long term care unit as a CNA, and i have excellent recommendation from employer about my performance. The Board will not give me license until second determination through their meeting. I have spent a crazy amount of money just to see a counselor advised by them to do one case study on me. That doesnt even apply to my job history of not drinking, on a one time evaluation on me. So in the meantime i have been jobless for three months, how does this benefit me? I have taken classes went to outpatient treatment and have interlock and have to wear an ankle monitor. I am not saying what i did was right on the other hand i have never had a problem on the job. Getting my license determines on what this counsler sends back is crazy. She asked me my goals in life. I told her I want to continue school and continue to become an RN. She told me I that sounded wishy washy and i never stated i wouldnt ever drink again. Well hello lady even in AA they tell you never to say never. My goal is just never to drink n drive. I am doing what i need to and doing what the courts ask. Frustrated.

[latonia]

Dear Kristen,

Thank you for the comment. I know you mentioned money is an issue however you should speak with an attorney about your case. Maybe schedule a consultation with a nursing license defense attorney if you can't afford full scale legal representation. I find that most NCLEX-Applicants and nurses for that matter do not fully appreciate the role of the Nursing Board and the process and procedure related to licensure with a criminal conviction. Good luck with everything.

[Carla]

I am a healthcare professional. I have not recieved a dui, but I know nurses who have and it has destroyed several of their lives. I am close friends with two and know all about their situations.

The treatment of physicians is much more reasonable; they are disciplined and censored but not nearly the "crucifiction" that nurses received from their nursing boards. Embarrasingly, even the docs freely admit this discrepancy themselves.

The reason its embarrasing is that everyone else seems to recognize the difference of treatment of nurses, except those on the nursing board- interestingly enough, most do not do bedside care, and there is a reason for that..... its embarrasing that these our our governing bodies, our "leaders." They aren't in touch with reality, and it boils down to a catty display of power and control that none of the other allied health professions suffer in this way.

Of course I do not condone drinking (not even one drink) with driving- in fact, I very much support legislature making it mandatory for ALL cars to have breathlyzers. However, destroying a persons life as punishment, and having them pay for their crime in untold ways for their entire life with this Scarlet Letter, that is absolutley counter-productive.

If a person really does have a drinking problem, loss of their job, (on top of all the other civil punishments) and all the extremely unrealistic requirements to maintain or re-instate the license simply makes their life struggle worse. Why do so many people assume there is all this "help and assistance" out there?? Not everyone has multiple supportive family members- and AA is notorious for being non-female supportive, overall.

If the person doesn't really have a problem, they are still labelled as such- if they want to keep their license they have to accept the lifelong lable. It becomes a senseless nightmare. Its like a big witch hunt: "you confess, and we'll think about letting you live."

A Real Problem would be if a nurse is impaired or hurts someone while on the job. However, the way the nurse laws are stated, getting a dui means you are unsafe to practice. Its ridiculous.

The laugh will be on these women on the nursing boards who receive extremely substandard care when they are old and infirmed- because THEY contribute so much to dehumanizing nurses, thereby contributing to the nursing shortage.

[latonia]

Carla,

Thank you for the comment. latonia

[kristen]

Well, I am back again. I am so furious with the board of nursing, they denied my case for my cna licence and I have complied with courts with the things they have asked of me and like I said spent money and time trying to show I will not drink and drive again. And that Im taking this serious. I have broken the law but my life doesnt revolve around drinking. I have been without work since dec 2008 and I am in school thank goodness. But I cannot continue to pull out student loans. Like I said no justification for what i have done but this doesnt help me. This happend jan of 2008 and I have been down and out but I refuse to have this keep holding me down. I have and I am still paying for what I have done. I will look into the attorney for nursing so thanks for that info. I also no nurses with dui's and they never even been investigated by the board so why isnt this sraignt across the board. Who knows but I dont want to give up and throw in the towell although I feel that way. But I had great compliments at my job by some of the head nurses and other people I worked for. I may have to get letters from them but I will defeniatly look into the attorney. I am leary to continue with nursing maybe change this to another healthcare field. I dont want to spend all that time then have them still deni me. kristen.

[cw]

I am a terrified nursing student who recently received a DUI. I have never been in any trouble before, and this particular incident was/is completely out of character for me, and just such an obvious mistake, which of course I regret every day. I completed my 3 day driver intervention program, mandated by the court, as well as probation, and random alcohol testing. During the driver's intervention, I also took some standardized tests related to addiction, and was assessed for alcoholism/drug addiction. No treatment was recommended for me, and the assessment found that I have a 1% chance of being an alcoholic. I am graduating from nursing school soon, and will be applying to take the state boards. Does anyone know in Ohio, is it likely that I will be denied my license? If I'm lucky enough to be allowed to become an RN, will I have to be on some kind of probation as a new nurse? I checked the state board of nursing website & really couldn't find info specific to DUIs, only drug offenses. I dread the thought as being labeled/negatively stereotyped, but will accept it, since I got myself into this. I am just scared, and looking for any information. Thanks so much.

[sara]

I am a recent nursing school graduate, I got a dui on march 20, 09 Does anyone know if this will affect me when I apply to take my boards? I am completely freaked out and feel like i have just screwed up my entire nursing career and wasted the past 2 years of blood sweat and tears to finish school. I cannot find any information. Thank you to to anyone who has information

[latonia]

CW and Sara,

Thank you for your comments. I would suggest that you both consult with a license defense attorney in your state or jurisdiction to discuss how the State Nursing Board views DUI convictions and initial nursing licensure. You may have to pay for consultation however you need to obtain legal advice and counseling regarding your specific situation as opposed to relying on general information provided to you by others.

[Mr.T]

I going to graduate in May with my RN. I have been convicted of possession of a joint, DWAI and DWI. All of these offences are violations, not misdemeanors or felonies in the 2 states I was arrested. Luckily, my board of nursing is only interested in Misdemeanors and Felonies, so getting a license shouldn't be a problem (I have talked to them). But getting a job in a hospital seems to be a problem. Most applications ask for any criminal offence and DWI's will definitely deny your application for consideration. Unfortuantely, I wish I could change the hands of time but I can't. I worked so hard to get my life together and for what? I am 28 and these incidents occurred 22, 23, and 28yrs respectively. I hung out with the wrong crowd and made some really bad choices. The DWI counselor saw no addiction issues. Both DWAI and DWI occurred at weddings. My issue is that how are we supposed to reform ourselves and do better if society won't let us. I know there are many incidents with DWI's that lead to horrible accidents and loss of life but what about people who want to change. With society's attitude there is no reason to change instead commit more crime because you don't have hope. All I am asking for is a chance. I don't want to drink alcohol but the only job I can get is in a Nursing home. I am graduating from my program with 1st Rank in my class, but what't the point. I had a dream to go into ER but looks like I won't have the chance to make myself and my folks proud. I have so much to prove especially to those who said "He's never gonna make it." Now, I have hit a roadblock that I can't simply go around. No hospital will hire you because you are a liability in their eyes. HOw lucky are the nurses who immigrate my other countries with very lax court/criminal systems? There is really no way to check their backgrounds, even their laws may be different. Plz don't accuse me of being against minorities, my mother suggested this to me! Our country has the manpower and the knowledge but we make it so hard for own people. I understand with anyone who states getting a DWI after working as a RN but what about others who never go a chance to work!

[latonia]

Mr. T, thank you for your comment. Anyone considering nursing in this day and age with a criminal conviction(s) needs to keep in mind there are three hurdles: nursing school and clinical sites, licensing, and employability. I would seriously urge anyone in nursing school or considering nursing to consider all three of these hurdles beforehand rather than after the fact.

On the bright side of things, you will be able to be employed in nursing homes and maybe you can gear your career towards a specialty in geriatrics rather than emergency care. There is nothing wrong with a career focusing on geriatrics or long-term care but I can understand your frustration as your career options are limited from the beginning of your career.

[MrT]

Looks like that's exactly what I am going to pursue for now.....I have seen some other applications for other hospitals and they ask for specifically misdemanor or felonies. I really want to move to California or Texas....does anyone know where I can get more information on that.

[Worried RN]

hi, I am a RN and had a dui 5 years ago. I devulged it to the board of nursing and had to get letters of recomendation from my coworkers as well as prove that I had completed everything court required (payed fines, one year probation, 50hrs community service, dui school, etc) and send a letter to explain my actions, what Ive done to change, etc. I was fortunate to keep my license and my job. I thought it was all behind me.
But, last week I had a few drinks after work and on my way home was involved in an accident. I am now charged with another DUI. I am completely destraught! I am hoping to get some advice for what will happen to my license and career now that its a second one. I recently changed jobs and am afraid that my employer will find out.

[latonia]

Dear Worried RN,

I hope you are okay after your accident. You should contact a license defense attorney in your state ASAP. Do not rely on the off cuff legal advice you may receive from colleagues and family regarding your situation. Your situation is serious and you need attorney representation. LaTonia

[Worried RN]

Thanks LaTonia. I plan to get one this week.

[Denise]

Need advice on laws in CA regarding a DUI. I am an RN, Ca is not my original state of licensure, I have never had a problem working as a critical care RN in the ER/ICU/travel/agency/strike or Peds transport team until I went back to work in CA. They renewed my license with no problem even though I had a DUI on my record from 3 yrs before. The Board of Nursing is not the problem, well for now, that may be a different story when I try to renew again. Anyway, I have been refused jobs by mostly Kaiser Permanente and Mercy facilities, they all seemed disoriented on the policies of the hospital when it comes to a DUI. I am told they do not hire anyone with a DUI until 7yrs have passed, and that applies to travel nurses too, but they are all unclear on the policy. My DUI was not a felony charge, all requirements were met, and the board of nursing did not penalize me. So my question for RN-JD is, is it legal for the hospital to refuse employement for those reasons?? What are the laws regarding hospital policy on DUI's? Can they use their discretion? Are they not governed by State Law? or is it Federal law? Do they go by the Board of Nursing policies??

[latonia]

Denise, thank you for your comment. I would suggest that you contact a nurse license defense attorney or nurse attorney in your jurisdiction for assistance. Maybe schedule a consultation to discuss the specifics of your situation.

[Jennyjaida@yahoo.com]

Pleae help me. I just got DUI in Arizona. My car is impounded. I am a RN and I am losing my job.

[latonia]

I would suggest that you contact Melanie Balestra, who is a NP and an attorney in California who represents nurses before the Boards of Nursing in CA and AZ. You can also contact Teresa Sanzio, who is also a nurse attorney in Arizona and represents nurses before the Board. You can also see The American Association of Nurse Attorneys website at www.taana.org.

[stephanie]

If someone gets a DUI, is it mandatory in Michigan to report it to the Board of Nursing. I am a traveler and plan on telling the Board of Nursing in Colorado. Are they then obligated to tell Michigan about my criminal offense?