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I got charged with a DUI on Feb 23rd. I need some legal help

San Jose, CA |

I was charged with DUI on 2 / 23 / 13 . I sent it my application to retest the NCLEX ( 2nd ) time on 2 / 21 / 13 . Do I need to notify the CA - BRN on Monday 2 / 25 / 13 to let them know of my DUI charge or should I wait for the results of the blood alcohol level ? I blew a 0 . 11 in the field breathalyzer . This is my first run in with the law . I was cooperative with the officer . Any info would be greatly appreciated . Thank you !

Attorney Answers 4


  1. Best answer

    The problematic issue is NOT what you are required to disclose to BRN on your license application (or request for approval to test). That is a fairly straight-forward determination: convictions only. (From BRN's application for license instructions to applicants: "I understand that I am required to report immediately to the California Board of Registered Nursing if I am CONVICTED of ANY offense that occurs between the date of this application and the date that a California registered nurse license is issued. ... I understand that failure to do so may result in denial of this application or subsequent disciplinary action against my license/certificate."

    From NCLEX instructions: "REPORTING PRIOR CONVICTIONS OR DISCIPLINE AGAINST LICENSES: Applicants are required under law to report all misdemeanor and felony convictions. 'Driving under the influence' convictions must be reported. Convictions must be reported even if they have been adjudicated, dismissed or expunged or even if a court ordered diversion program has been completed under the Penal Code or under Article 5 of the Vehicle Code. ... Also any fine, infraction, or traffic violation over $300.00 must be reported. Failure to report prior convictions or disciplinary action is considered falsification of application and is grounds for denial of licensure or revocation of license.")

    The problematic issue is that in applying for test authority and licensure, you are also submitting a Live Scan and the Live Scan will within days of arrest show the fact of your arrest and that will be understood by the licensing agency as a pending criminal case. That will ordinarily cause your application to go into the pile of apps that requires further investigation. That means delay, potentially the need for legal counsel, and uncertainty as to outcome.

    BRN, like most CA licensing agencies, will usually decline to issue a State license to a person who is in the midst of a criminal case or on serving out a criminal case probation term. Depending on the facts and the applicant's circumstances, BRN can sometimes be persuaded not to implement that policy.

    The various strategies by which your situation may unfold are too various and fact-driven to set out here. I recommend that you retain licensing counsel for a thorough analysis and evaluation of the issues and for assistance in managing your expectations and the administrative processes that are likely just ahead. But all of that is necessarily subordinate to your primary need to retain skilled and effective criminal defense counsel for defense of the DUI. Take care of that critical issue ASAP, then consult with licensing counsel about the BRN issues.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  2. Hire an attorney no doubt. You could face discipline if you are convicted of the DUI. I am not a licensing attorney so I cannot tell you whether you need to report it to the BRN. I doubt it, but please verify with a admin licensing attorney. You can read here on the BRN website as well.

    I suggest you speak to Christine McCall here on the AVVO website. She would have the best answer for your situation related to the BRN question.

    http://www.rn.ca.gov/enforcement/convictions.shtml#disc1

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.


  3. You have received valuable advice from two very skilled attorneys. Make sure you hire an attorney to defend your DUI case. If that can go away it will make your life much easier in the licensing aspect.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  4. I see no advantage to reporting your arrest. Something good could possibly happen to your case and you might avoid a conviction. but if you are convicted, of course, you must timely report it.

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