The safety of nurses and those whom they serve in their profession is of utmost importance to California lawmakers. Along with many DUI laws in California, DUI nurse laws are getting harsher.
In the past, if a nurse got charged with and convicted of a DUI, their first offense wouldn’t really bear any major consequences. He or she wouldn’t have a problem with the California Board of Registered Nursing, and they would be able to continue serving patients are they normally would. Occasionally, a nurse would have to submit a copy of the police report and explain his or her intentions to avoid future legal problems.
While this practice is still being followed for the most part, recently there has been clamoring for more formal disciplinary action when the circumstances of the DUI are deemed aggravated. This includes the presence of a high blood-alcohol level, an accident that causes injury or death of another, destruction of property, or various other aggravators.
Now the Board of Registered Nursing has jurisdiction to disciple the operator of the vehicle under section 2750 of the Business and Professions Code, under the Nursing Practices Act. Business and Professions Code section 490 stipulates that the Board may suspend or revoke a nursing license when the licensee has been convicted of a crime that substantially relates to the qualifications, functions, or duties of the profession.
So, for example, if the nurse is driving to work when he or she is pulled over for DUI, and is found to have a blood alcohol level very far above .08%, the nursing license may be suspended or revoked.
In addition, other unprofessional behavior may serve as cause for the Board to suspend or revoke the nurse’s license. For example, the use of dangerous drugs or alcohol in a way that impairs the nurse’s ability to fully complete his or her duties may result in the suspension or revoke of the nursing license.
Section 1445 of Title 16 in The Code of Regulations indicates the following criteria for the Board to determine whether or not to suspend or revoke a nurse’s license:
- Nature and severity of the acts
- Total criminal record
- Time that has elapsed since the offense was committed
- Whether the licensee has cooperated with the terms of his or her probation
- Evidence of expungement proceedings under Penal Code 1203.04
- Evidence of rehabilitation submitted by the licensee
Are you a nurse who’s been charged with DUI?
If you’re a nurse who has been charged with DUI, you need to act right away to avoid losing your license. The best course of action is to hire the best criminal defense lawyer you can find—ideally one who specializes in DUI cases. Dan Chambers of the Chambers Law Firm knows all the ins-and-outs of DUI law, particularly as it relates to nurses, and he will do everything in his power to defend you and prevent you from losing your nursing license.
When your career, reputation, financial security, and freedom are on the line, you can only afford to hire the best attorney possible. Dan Chambers of the Chambers Law Firm is one of the nation’s top 1% criminal defense attorneys. Call his office at 714-760-4088 to schedule a complimentary initial consultation today. You’ll get to speak with Attorney Chambers in-person, explain your situation, and receive excellent legal advice right away.
