Nurse DUI Laws in California
It used to be the case that nurses would not run into a problem with the California Board of Registered Nursing for a first offense DUI conviction. At most, the nurse might be asked to submit a copy of the police report and explain what he or she is doing to avoid any future problems with the law. B&P §2761 provides the Board can take action against a licensee for unprofessional conduct under which includes conviction of a felony or any offense substantially related to the duties of a registered nurse. §1444 of Title 16 of the California Code of Regulations provides that an act or conviction is substantially related if it evidences the present or potential unfitness of a registered nurse to practice safely. Traditionally, the conviction of a non aggravated 1st time DUI has not been considered to be substantially related and will not result in an accusation before the Board if the blood alcohol level is below a 0.15%. The Board also has the power to act under B&P 125.9 and 148 and issue a Citation Order, which can carry a fine up to $2,500. Even though sanctions are limited to fines, the nurse has a right to an administrative hearing and should consider exercising that right in light of the fact that the citation becomes part of the nurse’s permanent record and will be disclosed to the public on request for a period of years under CCR §1435.15. The recent decision in Sulla v. Board of Registered Nursing 105 Cal.App.4th 1195 dramatically changes the scope of discipline that nurses in California can expect in even routine, non-aggravated first offense DUI convictions. Sulla plead no contest to a first offense DUI after being involved in a non-injury collision with a center divider and a blood alcohol concentration of.16%. At the hearing, the evidence showed that Sulla was a highly respected nurse who had no record of prior disciplinary actions. A fellow nurse who was also a personal friend testified that Sulla rarely drank when they socialized together, and she had never seen him drink heavily. When the nursing board suspects an alcohol dependency problem, they may use a DUI or other alcohol-related conviction to require the nurse to undergo a psychological evaluation, physical evaluation, random urine tests and substance abuse rehabilitation.
Orange County DUI Attorney
Orange County DUI Attorney Robert Miller has handled thousands of DUI cases for people just like you and can help guide you to a successful conclusion of your DUI case. For DUIs in Orange County, California, offers made by the Orange County prosecutor, include you giving a DNA sample to an Orange County database, attendance at a Mothers Against Drunk Driving MADD VIP program, and search and seizure terms while you are on DUI probation. Any Orange County DUI with a high BAC of.15% or greater); A DUI involving an accident, even if no injury; When there is a minor child in the car; If you are accused of speeding while DUI; If you are on probation for any other case or have a prior DUI charge within 10 years. As an Orange County DUI Attorney, Robert Miller can help you develop a strategy and help minimize the effect of a DUI arrest on your driving privileges, your ability to earn a living, and your life. A DUI attorney experienced in DUI defense can do any, or all of, the following, to help the case: Research, prepare, file and argue motions to exclude evidence, or to dismiss a case; Provide information about you, your circumstances, career, and character, as mitigation evidence; Outline all the legal defenses, and factual problems, regarding your DUI case, to the prosecution; Take your case to trial, and argue any defects in the prosecution’s case, the existence of reasonable doubt, or any problems of proof, and Negotiate with the prosecutor, and the judge, towards reducing charges, or minimizing punishment in your DUI case. Robert Miller, an Orange County DUI Attorney, has successfully handled thousands of drunk driving cases. Attorney Robert Miller’s qualifications in DUI defense include: More than two decades of DUI defense experience in Orange County. Checking the breath machine accuracy or retesting the blood in your DUI case; Looking at the training, record and other incidents with the police officer involved in your DUI arrest; Reviewing the patrol car video, and all audio, data, or photographs involved in your DUI arrest; Consulting with medical experts for certain defenses, or with DUI expert witnesses; and. Prosecutors in Orange County DUI cases are in some cases specially trained in prosecuting DUI cases. Contact our firm today to speak with Orange County DUI Attorney Robert Miller as soon as possible.
DUI Lawyers, Orange County DUI Defense Attorneys
Choosing an Orange County DUI Lawyer can be a difficult and complicated task for anyone; but for those who hold a Professional License and who arrested for DUI are faced with a number of additional complications that can have a dramatic affect on not only the outcome of their case; but also their ability to earn a living. We have a companion website that deals with the types of Orange County DUI Discovery. The DUI Attorneys of the Law Office of Barry T. Simons is one of only a few DUI defense firms that handles these inquiries in addition to the defense of the DUI charge: a rare find: the facts of the DUI case arerelevant and material to the Board’s inquiry. If you hold a professional license and are charged with driving under the influence in Orange County, you will need an experienced DUI Attorney to review all of the evidence that the prosecution intends to use against you, that the California DMV will use against you to suspend or revoke your driving privileges, and the respective Board’s inquiry into the matter and its resolution prior to determining the punishment for the DUI, not limited to the loss of one’s professional license. Even if you don’t hold a professional license, if you are charged with DUI in Orange County or anywhere in Southern California for that matter, you need results. The only DUI Defense Attorneys you should be considering if you are charged with Driving Under the Influence in Orange County while holding a Professional License are the DUI Lawyers of the Law Office of Barry T. Simons. You need to have DUI Defense Attorneys who understand this process from the outset to avoid any missteps in the process. If you were charged with a DUI and hold a professional license, you need to contact the DUI Defense Firm of the Law Office of Barry T. Simons today for a free DUI Consultation and Case Evaluation. A DUI conviction can have far-reaching consequences for those in either category and this is why those who find themselves in this position need the type of representation that only the DUI Defense Lawyers of the Law Office of Barry T. Simons can provide. Do not hesitate to contact the DUI Lawyers of the Law Office of Barry T. Simons today for a free consultation and case evaluation to discuss your Orange County DUI case.