Can i lose my cna certificate with 2 duis misdemeanors

Asked about 1 year ago - Sacramento, CA

im a certified nurse's aide

Attorney answers (7)

  1. Christine C McCall

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . The State has the legal authority to revoke your CNA cert based on conviction of even one crime. But the agency is required by law to make an individual decision (not automatic) based on the specific facts and circumstances of your situation. That means that the State must give weight to many factors including your license history, criminal offense history, statutory factors of mitigation and rehabilitation, employment and community history, and the specific facts and circumstances underlying your criminal offenses.

    A skilled and professional licensing attorney can usually collect the necessary documents and give you an informed evaluation and prediction of what action to expect from your agency and how best to mediate or meet the potential administrative enforcement. You may want to schedule a consultation for that purpose. Alternatively, you can sit tight and wait and see what your agency proposes to do. Your cert will not be revoked without formal notice and an opportunity to challenge the proposed revocation.

    As one of the responders here wrote, it can be critical to avoid conviction if there is a realistic possibility of that outcome. But the facts and circumstances of the offenses will be investigated and acted upon by your board, even if you plead to something less or different, such as wet reckless.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Hudson Thomas Bair

    Pro

    Contributor Level 14

    12

    Lawyers agree

    Answered . If you haven't received any notice of their intent to take action, are either of these cases still open? If either case is still open you hire a skilled DUI lawyer to fight the charges and avoid the second offense.

    As another California lawyer wrote, you should contact a professional licensing attorney, there are several in the State, probably one in Sacramento. YOu have a licensing board they will have information regarding the actions that can be taken, if your professional organization has a publication it frequently has a list of actions taken against license holders for various failures to comply with professional regualtaion.
    We have seen nurses with second offenses have serious issues with the Nursing Board if your license falls under their purview you should definitely seek counsel.

  3. Greg Thomas Hill

    Contributor Level 20

    11

    Lawyers agree

    1

    Answered . When were your two DUI's? How long ago? This is often a very important consideration. If they were twenty years ago and twenty-five years ago, you certainly are in better standing by the board than if you are currently on probation for each. Do you have any other convictions?

  4. Michael Jon Fremont

    Pro

    Contributor Level 17

    10

    Lawyers agree

    Answered . You should speak with somebody who is an expert and dealing with the
    nursing board

  5. Michael Stewart Phillips

    Contributor Level 14

    10

    Lawyers agree

    Answered . Based solely on my experience with RN DUI clients and not dealing directly with the nursing board, 1st and 2nd DUI get treatment/probation/etc. and third DUI gets suspension/revocation.

  6. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Christine McCall is the expert in licensing issues.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  7. Samuel Cohen

    Contributor Level 20

    8

    Lawyers agree

    Answered . Every state has its own rules. Check onlineat the licensing state's website. If you cannot find it, or if you have any questions, consult with an attorney who has experience in cna licensing. Use Find a Lawyer here to help. Good luck.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Misdemeanor DUI

A misdemeanor DUI, which carries lesser penalties than a felony DUI, is the charge most people will be facing if they are arrested for DUI.

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