RN Loses Single DUI Case Before Court of Appeal

We previously wrote about our victory appealing (by writ of administrative mandate) discipline against a registered nurse solely because of a single off-duty DUI conviction.  See RN With Single DUI Wins in Superior Court—Nursing Board Appeals.  In that case, the Board of Registered Nursing (BRN) ordered the revocation of our client's RN license subject to a stay of the revocation and probation for three years with employment supervision requirements.

We appealed the BRN's decision to the San Francisco Superior Court, and we won.  But, the BRN appealed to the Court of Appeal. 

Unfortunately, in May of 2012, the Court of Appeal overturned the Superior Court's decision finding that: "The Legislature may define a conviction involving the use of alcohol as unprofessional conduct by a medical professional without running afoul of the due process clause."  See Sulla v. Board of Registered Nursing, 205 Cal. App. 4th 1195, 1206 (2012).  We filed a petition for review to the California Supreme Court, but the Supreme Court denied review in August of 2012.

This case does not affect our Superior Court victory in Nurse With One DUI--Court Overturns License Revocation by California Board of Registered.