Non ETOH DUI & scared for my future

[wenika]

I am up on charges for a DUI although I wasn't drinking, nor did I hit/hurt anything ( they thought I was weaving; it was grad night & I was picking my daughter up so she wouldn't run the chance of a drunk driving accident or something.) Talk about irony. I did have prescribed RX in my blood stream ( I have Musc. Dystrophy and chronic back issues for which I just had surgery.)
My lawyer thinks I should fight it i.e. go to trial, because 1. I have no prev. record 2. I have stacks of documents from numerous specialists which discuss my leg weakness and inability to stand on one leg. 3. Because of the dermatomyositis my balance has been affected for the last few years.
I am very very scared about losing my liscence ( California BRN ) or being forced to do a four year recovery program and having my liscence suspended and it being on my record.

The reality is I have worked as a diabetes educator for the last two years while having to rely on prn rx; commuting to work, etc. I had this disc replacement surgery so that I can continue my career which I love. Does anyone have any insights?
Does the BRN look poorly upon someone who fights DUIs? should I not fight it and risk the DUI? Does every DUI = diversion?

[hppygr8ful]

The bottom line is that if you were driving under the influence of any medication prescribed or not and the officer can prove you were weaving and most patrol cars have video camera's these days. The DUI will stand up in court. As a nurse in diversion I have met many nurses who took prescription medications for very real medical conditions. Still that did not stop them from ending up in diversion. The boards look not only at your pattern of use but if that use effects your judgment and decision making. They could argue that you should have known that you were impaired and not made the decision to drive that night. The big question for the boards is your judgment affected to the point that you would work under the influence of these powerful medications which is against the Nurse Practice Act in any US State. Personally I earned my seat in diversion lock stock and barrel but today I have over 2 years of sobriety and never felt better in my life. I suffer from Fibromyalgia and giving up the opiates was one of the hardest things I ever did. But my pain actually went away about a year ago. No medical explanation just POOF gone! I attribute this to my ability to leave my pain in the hands of my Higher Power.

I’m not trying to scare you but this is how the boards think – In all likelyhood you will not lose your license over this but you may find yourself in diversion. If you complete diversion in compliance there is no record on your license. There is a highly publicized case of a New York nurse who had 1 drink at a holiday party and a colleague who didn’t like her stated that she had smelled alcohol on her breath two hours before she was scheduled to go to work she’s now in Diversion. Actually took her Case to the state Court of appeals and lost.

Anyway I hope everything works out for you.

Peace and Namaste

Hppy

[wenika]

Thanks for your input..will I be likely to have my liscence suspended while in diversion?