An RN who was convicted of driving under the influence of alcohol called in terror after reading a legal web site which stated:
"The Board of Registered Nursing is by far the harshest, with revocation as the recommended discipline for a first time DUI."
Fear not! We disagree with this statement. We have seen only one nurse get revoked after a first-time DUI. The reason is that her incompetent attorney advised her not to attend her own administrative hearing. We handled a re-trial after which the client received a public reproval.
Starting a couple of years ago, the BRN started issuing citations for first-time DUIs that do not involve accidents or high blood alcohol levels. To our knowledge, there is no magic blood aclohol level. We have obtained a citation with a BAC as high as 0.18 because the nurse clearly did not have an alcohol problem. Every case is unique.
Some nurses who have multiple convictions, indications of an alcohol problem, accident cases or high blood alcohol concentrations (BAC) will face Accusation cases that could lead to terms of probation (or even outright license revocation in rare cases).
Any registered nurse who is convicted of any crime should seek legal advice regarding the ramifications because most convictions can result in licensing consequences. We can help you make the best decisions given the circumstances of your case.