Our client is a registered nurse who was convicted of driving under the influence of alcohol. In 2010, the California Board of Registered Nursing filed an Accusation against the RN alleging that the DUI conviction was substantially related to the qualifications, functions and duties of a registered nurse, and that the DUI was unprofessional conduct.
The DUI was an isolated incident that occurred on personal time. The BRN (Board of Registered Nursing) also alleged that the DUI involved a car accident and that the RN had a high blood alcohol level. We declined to consider potential settlement options involving a stipulation for probation and proceeded to an administrative hearing before the Office of Administrative Hearings.
In 2011, an Administrative Law Judge issued a proposed decision, which ordered a public reprimand and payment of $850 for the Board’s investigative and prosecution costs. The BRN had sought investigative costs in the amount of $1,660. The Board of Registered Nursing adopted the administrative law judge’s proposed decision. Our client was satisfied with the result, and we did not appeal despite our disagreement that the conviction was cause for any discipline whatsoever.
Editorial Note: This case is factually similar to two prior cases we handled in 2010 and 2011. See Nurse With One DUI--Court Overturns License Revocation by California Board of Registered Nursing and RN With Single DUI Wins in Superior Court—Nursing Board Appeals.
Adam G. Slote is a San Francisco attorney with the law firm of Slote, Links & Boreman, LLP. Attorneys at Slote, Links & Boreman, LLP defend California registered nurses, physicians and other licensed professionals.