Getting a DUI conviction can change your life in many ways. For nurses in California, it may put your nursing license at risk. Even a first-time DUI arrest can lead to questions about your ability to give safe care to patients. The nursing board watches these cases closely and may take disciplinary action, even if you were not at work when it happened.
If you are facing a DUI as a nurse, it's important to understand how this can affect your future. The Hurwitz Law Group Los Angeles Criminal Defense Attorney helps nurses protect their professional license and defend their rights.
A DUI charge is serious, but it doesn’t always mean you will lose your registered nursing license. What you do next makes a big difference. Acting quickly, following all rules, and working with the right lawyer can help you keep your career on track.
A DUI conviction raises concerns about public safety and your ability to make sound decisions. Nurses hold a trusted role in the nursing profession, so even off-duty behavior can impact your license. The licensing board reviews every case to decide if it is substantially related to your job.
Nurses must follow high ethical and legal standards. This means any criminal charges, even outside of work, may lead to license discipline. The nursing board looks at all behavior, including DUIs, because it can show poor judgment or risk to patient safety. Your actions off the clock can still lead to disciplinary action that affects your license and career.
The California Board of Registered Nursing (BRN) is the agency that watches over nurses in the state. If you get a DUI conviction, the BRN may open an investigation. The board can review criminal court records, your driving history, and other facts.
They may also contact you directly or ask for a statement. In some cases, they may ask for an administrative hearing before making a decision on license suspension or revocation.
Under California law, a DUI arrest or conviction may be seen as "unprofessional conduct." This is because driving under the influence may show poor decision-making or substance abuse issues. The Nurse Practice Act allows the nursing board to issue penalties for this kind of behavior.
Even a misdemeanor DUI arrest can lead to an investigation and possible limits on your ability to work.
Yes. If you are a nurse in California and you get a DUI conviction, you are required to report it to the California Board of Registered Nursing. This is true even if the conviction is a misdemeanor. Reporting is part of your duty as a licensed professional.
The nursing board uses this information to decide if your nursing license should face disciplinary action. If you do not report, it may make the situation worse.
The BRN may find out about your DUI conviction in more ways than just self-reporting. The board often checks criminal record databases and monitors reports from the criminal court system. Employers may also report your DUI arrest if it affects your job or work schedule. Insurance companies, law enforcement, or even public court records can also notify the board indirectly.
In many cases, the BRN already knows about your criminal charges before you report them. If that happens and you fail to tell them first, it may lead to harsher penalties.
Once the California Board of Registered Nursing becomes aware of a DUI conviction or DUI arrest, it does not ignore it. The board must take steps to protect patient care and maintain trust in the nursing profession.
This can lead to a full investigation. From there, the nursing board decides what kind of action is needed based on your criminal record, work history, and any rehabilitation efforts.
After receiving a report about your DUI, the board of registered nursing opens a formal case. This investigation looks into the details of your criminal charges, your behavior since the DUI conviction, and whether your actions are substantially related to the duties of a nurse. They may review court records, your job history, and whether you’ve had any prior convictions. The board will also consider if you pose any risk to public safety or patient safety.
During this stage, you may be asked to provide written responses, submit court documents, or appear at an administrative hearing. Your employer could be contacted, and your compliance with community service, probation, or treatment programs may be reviewed. The board’s goal is to decide if you can continue to safely work in the nursing profession.
After reviewing all the information, the BRN may take formal action. You could receive a citation, which is a warning with a possible fine, but no full license discipline. In more serious cases, the board may issue an Accusation or Statement of Issues. These are legal documents that say the board is seeking to suspend or revoke your nursing license.
Once you receive an Accusation, you must respond quickly. If you ignore it, the board can move forward without your input and revoke your professional license. At this point, it's important to have legal counsel, preferably someone experienced in both criminal defense and nursing licensure. You may be able to reach a settlement or go through a full administrative hearing to present evidence on your own behalf.
After reviewing your case, the licensing board can choose from several outcomes. If this is your first DUI conviction and there are strong signs of recovery and good character, you may get a simple warning. That means no license suspension, but your offense is still on record.
Other times, the board may put you on probation. This means you can retain your nursing license but with certain conditions, such as random testing, counseling, or workplace supervision. If the case involves multiple prior offenses, a very high blood alcohol concentration, or signs of ongoing issues, your license may be suspended.
In the most serious cases (like when there is a clear danger to patient care or the nurse has committed more than one DUI), the BRN may order a full license revocation. This means you lose your RN license and cannot legally work as a nurse in California unless you later succeed in a petition for reinstatement.
The BRN looks at your full history before making a decision about your nursing license. A first-time DUI conviction may not lead to serious punishment if you show strong rehabilitation efforts and no past issues.
But if you have prior DUI convictions or other criminal convictions, the board is much stricter. Each case is handled based on the facts, the risk to patient care, and your overall record.
If this is your first DUI conviction, and your case does not include injury, high blood alcohol content, or other dangerous behavior, the nursing board may offer lighter outcomes. Many nurses in this situation receive a warning or probation, especially if they show they have completed community service, attended counseling, and stayed sober since the arrest.
However, even a first-time offense is still considered unprofessional conduct under the Nurse Practice Act and California law. This means the BRN must still review your case to protect public safety. You may be asked to explain your behavior and show proof that you are safe to continue patient care.
When a nurse has prior DUI or other criminal convictions, the BRN sees this as a pattern: if you have more than one DUI charge on your record or have committed subsequent offenses after your first one, your risk of losing your professional license goes up.
The board may see this as a sign that you are not following the law and may not be safe to work in healthcare. In these cases, outcomes can include longer probation, full license suspension, or even license revocation.
You may also be referred to a Diversion Program if the case shows a substance use problem that affects your ability to safely work as a nurse.
Some details in a DUI case make the disciplinary process more serious. These are called aggravating factors, and the BRN takes them seriously. These include:
If any of these apply to your case, the board may push for stronger penalties. These can include a longer license suspension, tighter work restrictions, or even revoking your nursing license. These decisions often depend on how your behavior affects patient safety, your honesty with the board, and whether you’ve taken steps to get help.
When a nurse is struggling with alcohol or controlled substances, the California Board of Registered Nursing offers a special program that can help. This option is known as the Intervention Program, also referred to as the Diversion Program, and it focuses on recovery rather than punishment.
Nurses who join this program may avoid formal disciplinary action, provided they meet specific requirements and demonstrate a strong commitment to improvement. Understanding how this program works can help protect your nursing license while getting the support you need.
The Intervention Program is a voluntary and confidential program run by the Board of Registered Nursing. It is for nurses who have problems with substance use that affect their ability to work safely. Instead of going through full disciplinary proceedings, nurses in the program focus on treatment, monitoring, and recovery.
Participants are removed from active practice at first, but they may return to work under strict rules once they show progress. The goal is to protect patient care while giving nurses a fair chance to recover and keep their professional license.
To qualify, you must be a licensed nurse in California with a valid nursing license. You must also show signs of substance use that could affect your job performance. You cannot join the program if you’ve harmed a patient or if your case involves violence or serious fraud.
Here’s how to apply:
Participation lasts a minimum of 3 years and includes drug testing, group therapy, and regular reports.
| Pros | Cons |
|---|---|
| Allows you to avoid formal disciplinary action from the nursing board | You must stop working for a period of time, which may affect income |
| Keeps your case confidential and protects your professional standing | You must complete a long and strict program (usually 3–5 years) |
| Shows the licensing board and medical board that you're serious about rehabilitation efforts | If you fail to follow the program, your case goes back to the BRN for full license discipline |
| Can protect your chance to renew your nursing license in the future | Not available to nurses who caused harm or face serious offenses |
| Helps you avoid a public record of criminal proceedings or disciplinary action | Cannot be used if you deny the substance problem or refuse to comply |
California Code of Regulations Title 16, Section 1441 gives the Board of Registered Nursing the power to discipline a nurse for unprofessional conduct, including criminal behavior. This rule allows the board to review any act that may be seen as a threat to patient safety or the public’s trust in the nursing profession.
A DUI conviction is one example of conduct that can trigger action under this law. Even if the DUI is a first offense, the board may still investigate the case to decide if your actions show a lack of judgment, responsibility, or concern for public safety.
This section also allows the board to consider rehabilitation efforts, your prior record, and how long it has been since the incident happened. Nurses facing disciplinary action under Section 1441 may be offered options such as probation, license suspension, or even license revocation, depending on the facts of the case.
A DUI does not always mean the end of your nursing career, but it can bring serious problems. The nursing board will review the case and may take action. That could include a warning, probation, or even license suspension. How the board handles it depends on the facts, your history, and your actions after the arrest.
Yes, even expunged convictions can appear in background checks required for your license renewal application. While an expungement helps in the eyes of the court, the nursing board can still view and consider such convictions during review.
Yes, but it depends on the case and your employment contract. Some jobs may place you on leave during the legal process. Many healthcare facilities have rules about reporting arrests or charges. It’s best to speak with legal counsel and your employer as soon as possible.
Legal penalties from a DUI may include fines, jail time, or a suspended driver’s license. These criminal law consequences also bring legal repercussions for your license. The nursing board may investigate and decide if the conviction affects your ability to safely work with patients.
Yes. A lawyer who understands DUI defense and nursing board rules can help protect your license. They’ll guide you through the legal system, respond to board notices, and help show that you are still fit to practice. The law offices of Hurwitz Law Group Los Angeles Criminal Defense Attorney can help nurses during this process.
If you’re a nurse facing a DUI charge, you don’t have to go through it alone. A DUI can put your job, your license, and your future at risk. But with the right legal support, you can protect your career and take steps toward moving forward.
Hurwitz Law Group Los Angeles Criminal Defense Attorney understands how stressful it is to face both criminal charges and board action at the same time. We know how the nursing board handles DUI cases and how to deal with the legal process while protecting your right to work. Our team focuses on helping nurses through every step, from the court case to license review.
We’ll listen to your concerns, explain your options in plain language, and fight for the best result. If your license or job is on the line, don’t wait. Contact us today for a free consultation and get the help you deserve.
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