Temecula | Murrieta Registered Nurse DUI Attorney
Nursing License & Temecula DUI Charges
If you are a Registered Nurse and are facing Driving Under the Influence (DUI) charges in Temecula or Murrieta, it is possible that you may face administrative discipline with the Board of Registered Nursing (BRN) in addition to criminal charges. As such, it is important to retain an attorney who is familiar with both DUI defense and the BRN's disciplinary procedures.
Will the BRN Find Out About my DUI Arrest?
NOTIFICATION OF ARREST TO THE BRN AND THE DIVERSION PROGRAM
If a Registered Nurse is arrested for DUI, the BRN is automatically notified of the arrest by the Department of Justice. Once the BRN receives notice of the arrest, it is highly likely that the nurse will receive an offer to participate in the BRN's Diversion Program.
Should I Enroll in the BRN Diversion Program for a Temecula DUI Arrest?
How to Save Nursing License After DUI Charges
I generally advise my registered nurse clients facing DUI charges not to accept the BRN diversion program. It is draconian, expensive, and can go on for years and years. It is generally inadvisable to enroll in the diversion program. Further, the diversion program is generally offered before a registered nurse has been convicted of DUI, and the registered nurse may not be convicted of DUI after the criminal case is over. Avoid the BRN diversion program in most cases for DUI charges.
THE BEST DEFENSE TO NURSING LICENSE DISCIPLINE IS TO DEFEND THE DUI CASE
The most important thing an attorney can do for a Registered Nurse to avoid license discipline is to zealously fight the DUI charges. A dismissal of the charges, a plea to a lesser charge such as a “wet reckless,” or a not guilty verdict at trial will ensure that any license discipline by the BRN is avoided or minimal.
If a Registered Nurse has a Temecula DUI case that is not appropriate for trial or dismissal (i.e. - the prosecutor's case is very strong - high BAC, etc.), and a plea bargain is reached, notice of the conviction must be given to the BRN within 30 days of the conviction date. It is highly recommended that, in cases of a plea bargain, Registered Nurses enter a plea of guilty, and not nolo contendre or no contest. The BRN looks unfavorably upon pleas of no contest as they see them as a failure to take responsibility for your actions.
What Happens to My Nursing License if I am Convicted of DUI?
THE INVESTIGATION STAGE
After the BRN is notified of a conviction, the Investigation Process will begin. The BRN will ask for further information, a statement from the Registered Nurse, and other relevant information. At this point, it is possible to negotiate a settlement with the BRN such that no administrative action will be taken against the Registered Nurse's license. Such a resolution can prevent any notice of administrative action being put on the BRN's website.
THE CITATION OR FORMAL ACCUSATION STAGE
If a disciplinary matter is not settled during the Investigation Stage, then the BRN may proceed with the filing of a citation (a fine) or a formal accusation. A citation is less serious than a formal accusation. A formal accusation generally requests that a Registered Nurse's license be revoked for DUI. It is absolutely necessary to retain an attorney once a formal accusation is filed. An attorney can ensure that your case is resolved in the absolute best manner possible after a formal accusation is filed, so as to save your license.