California Board of Registered Nursing (BRN) Registered Nurse Driving Under the Influence of Alcohol Defense Attorney
California Board of Registered Nursing (BRN) Registered Nurse Driving Under the Influence of Alcohol Defense Lawyer
The California Board of Registered Nursing (BRN), known as the BRN, vigorously investigates and disciplines Registered Nurses accused of Driving Under the Influence of Alcohol. An allegation of DUI involving alcohol, narcotics, or prescription drugs against Registered Nurses in California can have profound consequences. Consequences can include Registered Nurse License revocation by the California Board of Registered Nursing (BRN). California Business & Professions Code Section 2762 includes the prohibition of the following acts involving alcohol, narcotics and prescription pills:
- Excessive Use of Alcohol
- Excessive Use of Controlled Substances
- Illegal Sales of Controlled Substances
- Practice Under the Influence of Alcohol
- Practice Under the Influence of Narcotics
- Violation of Drug States
Controlled Substances and Narcotics include, but are not limited to, the following:
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Prescription Narcotics include, but are not limited to, the following:
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Thus, even alcohol and drug related violations that do not result in criminal prosecution are grounds for disciplinary action against the Registered Nurse by the California Board of Registered Nursing (BRN). California Registered Nurses facing alcohol or drug abuse allegations should contact an experienced California Board of Registered Nursing (BRN) License Defense Attorney for representation.
California Board of Registered Nursing (BRN) DUI Conviction Investigation Defense Lawyer
The majority of California Board of Registered Nursing (BRN) Driving Under the Influence, or DUI, Investigations occur after criminal conviction. However, California Board of Registered Nursing (BRN) alcohol and drug violation Investigations also occur through consumer Complaints and peer Complaints. The California Board of Registered Nursing (BRN) utilizes non sworn civilian investigators to investigations of criminal convictions against Registered Nurses. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Registered Nurses. These employees investigate criminal and administrative law violations related to DUI involving alcohol or drugs committed by Registered Nurses. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands issues faced by Registered Nurses facing disciplinary action for Driving Under the Influence of Alcohol. At the conclusion of a California Board of Registered Nursing (BRN) investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation or a Letter of Public Reprimand. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation.
When a California Board of Registered Nursing (BRN) Investigation occurs due to a criminal conviction, the California Board of Registered Nursing (BRN) assigns the matter to an Investigator. A California Board of Registered Nursing (BRN) Investigator will contact the Registered Nurse to conduct either an in person interview, or obtain a written statement. The California Board of Registered Nursing (BRN) will also conduct a review of the police and Court records. Discipline may vary according to whether or not the following factors were present:
- Child Endangerment
- Exhibition of Speed
- Excessive Blood Alcohol Content (BAC)
- Felony DUI
- Hit & Run
- Misdemeanor first offense DUI
- Misdemeanor second offense DUI
- Misdemeanor third offense DUI
- Dry Reckless
- Wet Reckless
If you are a Registered Nurse facing a California Board of Registered Nursing (BRN) Investigation for DUI, alcohol, or drug related offenses, contact a California Registered Nurse License Defense Attorney for representation.
California Registered Nurse License Driving Under the Influence of Alcohol Accusation Defense Attorney
A formal Accusation served on a California Registered Nurse serves as notice to a Registered Nurse that the California Board of Registered Nursing (BRN) intends to revoke the Registered Nurse License. A DUI conviction, misdemeanor or felony, against a Registered Nurse almost always results in the filing of a disciplinary Accusation.
An Accusation is a serious matter that can result in the suspension or revocation of a Registered Nurse License in California. In many cases, it is possible for Registered Nurses to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Registered Nursing (BRN). A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).
Disciplinary Accusations involving alcohol or drug violations against a Registered Nurse can result in revocation of a Registered Nurse License by the California Board of Registered Nursing (BRN). Registered Nurses facing a California Board of Registered Nursing (BRN) Accusation should contact an experienced California Registered Nurse License Defense Attorney for representation.
California Registered Nurse License Hearing For DUI Conviction
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Board of Registered Nursing (BRN) can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Registered Nursing (BRN)’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Registered Nurse to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Registered Nurse can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.
California Registered Nurses facing a California Board of Registered Nursing (BRN) Administrative Law Hearing need effective representation from a California Registered Nurse License Defense Lawyer.
California Registered Nurse DUI and California Board of Registered Nursing (BRN)
The California Board of Registered Nursing (BRN) can discipline Registered Nurses for alcohol or drug violation allegations that rises to the level of criminal activity, but violates an Administrative Law regulation. The California Board of Registered Nursing (BRN) disciplinary process is separate from the Criminal Law process. The California Board of Registered Nursing (BRN) can discipline Registered Nurses for certain criminal convictions. California Board of Registered Nursing (BRN) Registered Nurse discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Registered Nurse. Most alcohol or drug related crimes are substantially related to the duties, functions and qualifications of a Registered Nurse.
The California Board of Registered Nursing (BRN) and other law enforcement agencies often conduct criminal investigations against Registered Nurses for the types of alcohol or drug violations described above. In serious criminal cases against Registered Nurses pending in Criminal Court, the California Board of Registered Nursing (BRN) and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Registered Nurse. A California Penal Code § 23 Order seeks to suspend a Registered Nurse License in Criminal Court.
Registered Nurses facing criminal charges and Registered Nurses who are convicted of criminal offenses need an experienced California Registered Nurse License Defense Attorney for representation in disciplinary proceedings before the California Board of Registered Nursing (BRN).
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