Can a Nurse Lose Their License for a DUI in California?
Written by the attorneys at Kosnett Law Firm. Reviewed by James V. Kosnett, criminal defense attorney, UCLA School of Law J.D. 1976, with roughly 50 years in California criminal law and more than 30 years handling professional licensing matters. Last reviewed: October 2026.
Yes, but a first DUI usually does not end a California nursing career. The Board of Registered Nursing treats an alcohol-related conviction as unprofessional conduct, so it can discipline your license for an off-duty DUI. Outcomes range from a closed file to revocation, and most of the difference comes from the facts of the arrest and what you do afterward.
A DUI arrest puts a nurse on three tracks at once: the criminal case in court, the DMV action against your driver’s license, and the board’s review of your nursing license. They run on separate timelines, and what happens in court and at the DMV shapes what the board does. If you were arrested in Los Angeles, you can reach Kosnett Law Firm at 310-445-5900.
Why does the nursing board care about a DUI that happened off duty?
Because the Nursing Practice Act says so directly. Business and Professions Code section 2762 makes it unprofessional conduct for a nurse to be convicted of an offense involving the consumption of alcohol, or to use alcohol in a way that is dangerous to themselves or others.
For most crimes, the board has to show a conviction is “substantially related” to nursing before it can discipline. Alcohol offenses skip that step. In Sulla v. Board of Registered Nursing (2012), a California appeals court upheld discipline against a nurse over a single DUI (a 0.16 BAC and a one-car accident) and held that section 2762 does not require a separate link to patient care. The nurse ended up with three years of probation on the license.
The board sees a DUI as a possible sign of a substance problem, and a substance problem in a nurse as a patient safety issue. Whether or not that seems fair to you, it is how your case will be read.
Do nurses have to report a DUI to the Board of Registered Nursing?
You don’t have to report the arrest, but you do have to report a conviction. The BRN requires registered nurses to report any conviction within 30 days, and it asks about convictions again at every license renewal. A no contest plea counts as a conviction.
The board says all of these have to be disclosed:
- A guilty plea, a no contest plea, or a guilty verdict
- A conviction later dismissed (expunged) under Penal Code 1203.4
- A case set aside or deferred under Penal Code 1000
- An infraction involving alcohol or drugs, even with a fine under $1,000
Missing the 30-day window is its own violation under the board’s regulations (16 CCR 1441). A nurse who reports a first DUI on time, with documents, is in a far better position than one whose DUI turns up two years later next to a renewal form that said “no.”
The report asks for a written explanation of the arrest and conviction, the police report, the court documents, and any rehabilitation evidence. Have a lawyer read your explanation before you send it, because the board can use what you write.
Also, don’t count on the board never hearing about an arrest you didn’t report. Licensees are fingerprinted, and the board can get arrest notices from the California Department of Justice.
What happens after the board learns about your DUI?
The board reviews the conviction and then closes the file, issues a citation and fine, refers you to its Intervention Program, or sends the case to the Attorney General for a formal accusation. By the board’s own estimate, this takes anywhere from several months to a couple of years.
| Stage | What happens | Public? |
|---|---|---|
| Report or notice received | The board reviews your conviction record, your written explanation, and your documents | No |
| Investigation | An investigator may interview you and your employer and collect records | No |
| Closed | The board finds no violation worth pursuing | No |
| Citation and fine | Used for lesser violations instead of formal discipline | Generally yes |
| Accusation | The Attorney General files formal charges. You can contest them at a hearing before an administrative law judge or negotiate a settlement | Yes |
| Decision | The board orders probation, suspension, or revocation | Yes, and it stays on your license record |
If an accusation arrives, the time to respond is short, generally 15 days from service. Miss it and the board can decide the case by default, which the board says normally means revocation.
What discipline do nurses usually get for a DUI?
For a first alcohol-related conviction where the nurse can document ongoing rehabilitation, the board’s disciplinary guidelines set the minimum at revocation stayed, with three years of probation. Plenty of first DUIs with nothing aggravating end with less, like a citation or a closed file. Aggravating facts push it up.
“Revocation stayed” means the license is technically revoked, but the revocation is on hold while you complete probation. Violate probation and it can take effect.
These facts tend to move the result:
| Tends to make it worse | Tends to help |
|---|---|
| A high BAC, around 0.15 or above | A BAC near the 0.08 limit |
| An accident, an injury, or a child in the car | No accident and no injury |
| Refusing the breath or blood test | Reporting the conviction on time, with full documents |
| A prior DUI or other alcohol or drug history | A clean record before and after |
| Any link to work, like being on duty or driving to a shift | Treatment and testing started early, with records |
| Not reporting, or answering “no” on a renewal | A letter from an employer who knows and can vouch for your practice |
The guidelines also list what counts as rehabilitation in an alcohol case: a treatment program of at least six months, random testing, nurse support groups, and six months of nursing work documented by an employer who knows the history. You can start most of that before the board ever contacts you.
What does BRN probation mean for a working nurse?
You keep your license and can usually keep working, but under conditions that follow you to every job for the length of probation. In an alcohol case, that is commonly three years.
The standard alcohol-case conditions in the board’s guidelines include:
- Telling your employer about the probation, and getting the board’s approval for your employment
- No work through a nurse registry, a temp agency, travel nursing, private duty, an in-house float pool, or most jobs that involve home visits
- Supervision requirements at work
- Abstaining from alcohol, with random testing at your own expense
- A treatment or rehabilitation program and support group meetings
- Paying the board’s investigation and enforcement costs
Discipline is public, too. Anyone can see it on the state’s BreEZe license lookup, and employers can get automatic license status alerts through Nursys e-Notify. For a travel nurse, or anyone who picks up registry shifts, the work limits can cost more than the DUI did.
Can the outcome of the criminal case protect your nursing license?
Yes, and it is where you have the most control. The board starts from the record of conviction, so what you are convicted of, and what the court file says about it, sets the starting point for everything after.
How the result in court changes things with the board:
| Result in court | What it means for the license |
|---|---|
| Dismissal or acquittal | No conviction to report. The board can still act on the conduct itself under section 2762(b), but that case is harder for it to make |
| Reckless driving with no alcohol finding (a “dry reckless,” Vehicle Code 23103) | Still reported, but not an alcohol offense on its face |
| Wet reckless (Vehicle Code 23103.5) | Better than a DUI in court. The plea admits alcohol was involved, so the board may still treat it as alcohol-related |
| DUI with a low BAC and nothing aggravating | Reportable under section 2762(c), but the strongest set of facts for a lighter result |
Two other rules apply. Finishing a court diversion program does not stop the board from disciplining you for the underlying conduct (Business and Professions Code 492), and the board can look past the name of the conviction to the police report and the circumstances (section 493). The facts that come out in the criminal case matter as much as the charge you end up with.
So don’t plead guilty at the first court date just to get it over with. A plea that looks fine in criminal court can be the wrong one for your license. Offers also vary by office and courthouse. Misdemeanor DUIs inside the City of Los Angeles are prosecuted by the City Attorney, most of the rest of the county by the District Attorney, and Westside cases are often heard at the Airport Courthouse.
Is the BRN Intervention Program an option after a DUI?
It can be, for registered nurses. The Intervention Program is voluntary and confidential, and the board describes it as an alternative to discipline: complete it, and the board does not pursue disciplinary action against your license.
The board says many nurses arrested for a single DUI have benefited from it. It is also a real commitment, with treatment, random testing, nurse support groups, and work restrictions under a monitored plan that commonly lasts years. A court-ordered DUI class does not replace it, and only licensed RNs can enroll. Whether it makes sense for you depends on your history and where the criminal case is headed, so talk it through with a lawyer before you call.
What if you are an LVN or a nursing student?
Same idea, different board. Licensed vocational nurses answer to the Board of Vocational Nursing and Psychiatric Technicians, which also treats alcohol-related convictions as grounds for discipline and has its own reporting rules.
For a first-time applicant, the risk is denial rather than discipline. Since 2020, California boards generally can deny a license only for a substantially related conviction from the past seven years, and not for one dismissed under Penal Code 1203.4. A recent DUI falls inside that window, so the treatment records and honest disclosure that help a licensed nurse help an applicant too.
What should a nurse do after a DUI arrest in Los Angeles?
Protect your driver’s license first, then make sure the criminal case is handled with your nursing license in mind. In order:
- Request a DMV hearing within 10 days of the arrest, or the suspension of your driver’s license takes effect automatically. More on DMV administrative hearings.
- Check your employer’s policy. The BRN doesn’t require you to report an arrest, but some employers do. The employment side is covered in could you lose your job over a DUI arrest.
- Talk to a lawyer before your arraignment who will weigh any plea against your license.
- Don’t send a written statement to the board or your employer until your lawyer has read it.
- If alcohol is a real problem for you, get help now. An assessment, a program, and support meetings count for more when they start early and are documented.
- If you are convicted, report it to the BRN within 30 days with the documents it asks for.
- Answer the renewal question honestly, even about a conviction that was later expunged.
- If an accusation arrives, put the response deadline on your calendar that day.
For the general steps after any arrest, see what to do if you are arrested in Los Angeles. For the court side of a DUI, see our Los Angeles DUI defense page and how a first DUI compares to a second.
Why Kosnett Law Firm
A nurse’s DUI has to be handled as a court case and a license case at the same time. Kosnett Law Firm practices criminal defense and professional licensing defense, so the plea in your DUI case is chosen with the Board of Registered Nursing in mind. James V. Kosnett has practiced California criminal law for roughly 50 years and has handled professional licensing matters for more than 30. The office is at 11400 W. Olympic Blvd, Suite 200, in West Los Angeles.
Talk to a Los Angeles DUI lawyer about your nursing license
If you are a nurse who was arrested for DUI in Los Angeles, call Kosnett Law Firm at 310-445-5900 to talk about the court case and your license before your first court date.
This post is general information, not legal advice about your situation, and reading it does not create an attorney-client relationship. Every case is different, and past results do not predict future outcomes.
Frequently asked questions about nursing licenses and DUIs in California
Will I lose my nursing license for a first DUI in California?
Probably not, but the board can still discipline you. For a first alcohol-related conviction with documented rehabilitation, the BRN’s guidelines set the minimum at revocation stayed with three years of probation, and many first DUIs end with less. A high BAC, an accident, a prior, or failing to report the conviction makes a harsher result more likely.
Do I have to report a DUI arrest to the California Board of Registered Nursing?
No. The BRN says you only need to report an arrest if it leads to a conviction. The board can still learn about an arrest on its own through fingerprint-based notices from the California Department of Justice, and some employers require you to tell them about an arrest even though the board does not.
How long do I have to report a DUI conviction to the BRN?
30 days. Board regulations make it unprofessional conduct to fail to report a conviction within 30 days, and a no contest plea counts as a conviction. You also have to disclose it on your next renewal. Send a written explanation, the police report, the court documents, and any rehabilitation evidence, and have a lawyer review the explanation first.
Do I have to report an expunged DUI to the nursing board?
Yes. The BRN says a conviction dismissed under Penal Code 1203.4 still has to be disclosed, because that statute does not relieve you of the duty to disclose a conviction to a state licensing agency. Leaving an expunged DUI off a renewal can lead to discipline for the false answer.
Will my employer find out about my DUI?
They may. If the board disciplines your license, the action is public on the state’s BreEZe license lookup, and employers can subscribe to Nursys e-Notify for automatic license status updates. Board probation also usually requires you to tell your employer. Some employers have their own arrest reporting policies as well.
Can I keep working as a nurse while my DUI case is pending?
Usually, yes. An arrest by itself does not suspend a nursing license, and the board’s process typically starts after a conviction. Separately, the DMV can suspend your driver’s license unless you request a hearing within 10 days of the arrest, which can make getting to work harder.
Does a wet reckless protect my nursing license?
It helps in court but may not help much with the board. A wet reckless under Vehicle Code 23103.5 admits that alcohol was involved, so the BRN may still treat it as an alcohol-related conviction. A reckless driving conviction with no alcohol finding, or a dismissal, puts you in a stronger position with the board.
Can the BRN discipline me if my DUI charge was dismissed?
It is possible but less likely. Without a conviction there is nothing to report, but section 2762(b) lets the board act on alcohol use that is dangerous to yourself or others even without a conviction. In practice, a dismissal takes away the board’s simplest basis for discipline.
Is BRN discipline public?
Yes, once it reaches the formal stage. Complaints and investigations are confidential, but an accusation filed by the Attorney General is public record, and any discipline becomes a permanent part of your license record that anyone can look up. Participation in the BRN’s Intervention Program is confidential.
Does a DUI affect a nursing license application in California?
It can. Since 2020, boards can generally deny a license only for a substantially related conviction from the past seven years, and not for one dismissed under Penal Code 1203.4. A recent DUI is inside that window, so documented treatment and honest disclosure carry real weight. Nursing students can’t use the BRN’s Intervention Program until they are licensed.
