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No Discipline from the BRN after DUI conviction with a high BAC? Yes, it can happen.

In the last several months, I have represented several registered nurses who was expecting the worst after being arrested, charged and convicted for Driving Under the Influence (DUI).

Nurse A had a BAC of .20, Nurse B had a .16 BAC, and Nurse C had a .17 BAC and drove her vehicle into a roadway ditch. In all 3 cases, the Blood Alcohol Content was over twice the legal limit of .08.

All 3 nurses had no other criminal history and all 3 was expecting that an Accusation would be filed by the Board of Registered Nursing. In addition to the expense of defending themselves from an Accusation, they were also concerned about being placed on probation with the BRN.

I have represented many other nurses and medical professionals who avoided probation with a DUI with high BACs but I was still cautiously optimistic about these 3 cases.

I am happy to report that all three nurses were able to resolve the matter with the BRN for a Citation. A Citation is not a form of discipline. It is an administrative action in lieu of discipline. A Citation is a monetary fine and it is purged from the Board's files after 3 years.

Citations are not published on the BRN's website. Needless to say, I have 3 very happy clients.

It is important that you seek legal representation immediately if you are arrested and/or charged for a DUI. I would also suggest contacting a professional licensing attorney as well. Being proactive will increase your chances of receiving a citation instead of the dreaded Accusation from the BRN.

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