Administrative Law Topics: DUI

Should CA RNs Report Pending DUI Cases?

California RNs often ask the question: "I have a DUI case pending in criminal court and I may go to trial or settle, should I report the case on my license renewal application?"

The answer is No.  As of the date of this article, the CA Board of Registered Nursing's license renewal application requires disclosure of criminal convictions, but not pending cases.  Some nurses ask whether they should report the case anyway to make the Board of Registered Nursing look upon them more favorably.  We have no data to suggest this approach would be helpful and do not recommend it.

RNs with a DUI: Fear Not Scary Web Sites

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."

Medical Board Terminates Physician's Probation Early

The Medical Board of California granted our Petition for Penalty Relief after an administrative hearing.  Our client is a physician who accepted his original California Medical License with five years of probation because of a conviction for driving under the influence of alcohol as a medical resident.  After two years of probation, we petitioned for early termination of the California medical license probation.  

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.

Doctor Discloses DUI -- No Action by Medical Board of California

Our client is a medical doctor who was convicted of driving under the influence of alcohol in California. California physicians are required to report misdemeanor criminal convictions within 30 days. (See Business and Professions Code section 802.1.)  We prepared a report letter disclosing the conviction and explaining the circumstances.  Fortunately, the doctor's DUI was a first time offense and his or her blood alcohol level was close to the legal limit.

Nurse With DUI Wins Public Reprimand After Administrative Hearing

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.

RN With Single DUI Wins in Superior Court—Nursing Board Appeals

In 2012, the California Court of Appeal will decide whether the Board of Registered Nursing can order an RN to serve probation because of a single DUI conviction. This appeal comes after our second successful petition for writ of administrative mandate in San Francisco Superior Court.

Occupational Therapists (OTs) Arrested for DUI in California Face Investigation by the Board of Occupational Therapy Within Days of Arrest

California Occupational Therapists (OTs) arrested for DUI can now expect investigation letters from the Board of Occupational Therapy (CBOT) within days of arrest. CBOT receives notice of the arrest from the California Department of Justice, which cross-references criminal records against professional licensing records.  Occupational Therapists can expect a letter from the Board requesting a detailed description of the events that led to the arrest under penalty of perjury along with case information for the pending criminal case.

Teacher with DUI: California Commission for Teacher Credentialing (CTC) Cannot Automatically Suspend or Revoke Credential

If a teacher has a DUI conviction, can the state Commission on Teacher Credentialing (CTC) utilize a “per se” standard and conclude that the person is aromatically disqualified as a matter of law from teaching in California?  The answer is no.  In the case of Broney v. California Commission on Teacher Credentialing, the court rejected use of a  “per se” rule. 

California Board of Registered Nursing Closes Investigation Against R.N. Convicted of One DUI

Our client is a nurse with a long nursing career and no record of discipline.  She was recently convicted of driving under the influence of alcohol (DUI)--a first offense.  In 2009, we started seeing cases in which the California Board of Registered Nursing filed Accusations based on first-time DUIs.  In this case, we were successful in convincing the Board that our client's case does not warrant disciplinary action.  The investigation has been closed.