At Hurwitz Law Group, our criminal defense attorneys often help registered nurses who ask, "Should I self-report a DUI to the nursing board?" This puts nurses in a tough spot where both their career and legal duties are at stake. A DUI means dealing with criminal court and possible discipline from the California Board of Registered Nursing (BRN). Let's look at what you need to know before making this important decision.
The rules about reporting DUIs are spelled out in the Nurse Practice Act. These rules tell licensed nurses what they must report to the licensing board. Knowing when and how to self-report can make a big difference in what happens with your nursing license.
In California, you must self-report a DUI conviction to the nursing board within 30 days. This means after you've been convicted—not just arrested. The difference matters. You don't usually need to report just being arrested, but you must report if you enter a guilty plea or are found guilty in court. Some plea agreements might not count as reportable convictions.
Your license renewal application will ask about criminal convictions from the time of your last renewal. If you don't disclose a DUI conviction, you could face separate disciplinary action for not being honest.
The disciplinary board takes failure to self-report very seriously. If you don't disclose your DUI conviction when required, you risk:
The nursing board runs background checks and reviews police reports during the renewal process. They often find unreported convictions this way. The punishment for not reporting is often worse than for the DUI itself.
A DUI conviction can impact your nursing career in several ways. The board will review whether your conduct puts patients at risk or breaks the standards for licensed nurses.
The nursing board might take several actions after a DUI conviction:
Even first-time DUIs can lead to probation. During probation, you might need approval before changing jobs, take random drug tests, or complete substance abuse programs. These requirements often last 3-5 years.
Things that might make your case worse include:
Things that might help your case include:
Deciding whether to self-report creates a real challenge. The law requires reporting in most cases, but how you report matters for your career.
Self-reporting often leads to more favorable outcomes. When you report yourself:
By reporting properly, you can explain your circumstances and the steps you've taken toward fixing the problem.
Reporting without an attorney's help is risky. What you say in your self-report could be used against you in both the disciplinary process and criminal proceedings. You might share too much information or trigger more investigations than needed.
Never submit anything to the BRN without having an attorney review it first. A lawyer who knows nursing license defense can help you report correctly while protecting your career.
The nursing board treats DUIs as possible signs of substance abuse that could affect patient care. They look at each case based on its details and how you respond to the situation.
For first-time offenses, the BRN often focuses on rehabilitation rather than punishment. They might recommend:
For more serious cases or multiple DUIs, the board takes a stricter approach. This could mean formal probation with practice restrictions, suspension, or revocation. Having more than one DUI greatly increases the chances of losing your license.
As a nurse with a DUI, you face two separate legal challenges: criminal court and board disciplinary proceedings. These systems work independently but affect each other.
Criminal cases require proof "beyond a reasonable doubt." Board proceedings only need a "preponderance of evidence,"—meaning it's more likely than not that you broke the rules. This means you could win in criminal court but still face discipline from the board.
Criminal cases often take months to resolve, while the BRN might act much faster. A plea agreement that seems good in court might still cause problems with your license.
Getting your case dismissed in criminal court doesn't mean the nursing board will clear you. The board does its review and can reach different conclusions based on patient safety concerns.
Even if you get your conviction expunged from your criminal record, you still must report it to the BRN during license renewal. The board can access sealed records for licensing purposes.
A good defense strategy addresses both the criminal charges and license issues. The right approach depends on your specific situation.
In the criminal case, we can challenge:
Successfully challenging these elements can lead to reduced charges or dismissal. This helps your case with the nursing board by weakening the reason for discipline.
Showing positive steps you've taken can help both your criminal case and board proceedings:
We can help you create a plan that shows your commitment to fixing any issues and maintaining nursing standards.
If you're facing a DUI charge as a nurse, don't wait—the BRN acts quickly once they learn of a conviction. At Hurwitz Law Group, we understand both the criminal defense and nursing license sides of your case. We've helped many nurses protect their careers during these difficult times.
Contact us today for a free consultation. Our team is dedicated to providing compassionate support and expert guidance to help you go through these challenging legal situations with confidence.
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