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Nurse With DUI Wins Back Revoked License After New Administrative Hearing
Our client is a California registered nurse who was convicted of driving under the influence of alcohol (DUI) with a high blood alcohol level and a minor accident. The arrest was an isolated incident by an RN who had no prior record. A psychiatrist evaluated the nurse and found no indication of a substance abuse problem.
Initially, our client went forward to an administrative hearing with incompetent legal representation. The first attorney advised our client not to appear at the administrative hearing. He appeared alone and presented no evidence. Our client had provided letters of support, but the first attorney did not bring these letters to the hearing. In fact, the Board's attorney provided her copies to the Administrative Law Judge (ALJ). The ALJ revoked the nurse's license. Fortunately, the RN sought reconsideration from the Board through a second attorney, and the Board of Registered Nursing ordered a new administrative hearing.
We took over the case for the new administrative hearing and presented the expungement of our client's conviction, letters of support, witness testimony by our client, character witnesses and an addiction psychiatrist. The same ALJ issued a new decision that ordered a Public Reproval, which is a minor form of discpline that is often referred to as a Public Reprimand.