DWI consequences for Nurses in Texas

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/ DWI consequences for Nurses in Texas

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DWI consequences for Nurses in Texas

WHAT HAPPENS IF A NURSE GETS A DWI IN TEXAS?

Nurses can lose their license and livelihood when facing criminal prosecution in Texas. The legal consequences for DWI in Texas are severe. The career consequences for DWI in Texas can be devastating for healthcare professionals. When charged with DWI, nurses are subject to license suspension and revocation from the Department of Public Safety and the Texas Board of Nursing, as well as incarceration from the pending criminal prosecution.

Can you lose your nursing license for DWI in Texas? Yes. The Texas Board of Nursing, which oversees the licensure and renewal for nurses statewide, has the power to suspend or revoke a license if deemed appropriate after investigation.

Will a DUI ruin a nursing career? No. A DWI charge does not disqualify a person from becoming a nurse in Texas. Thousands of healthcare professionals in Texas have overcome criminal charges. Avoiding a conviction is what matters most. You can beat a DWI in Texas.

WHAT ARE DWI CONSEQUENCES FOR TEXAS NURSES?

A first-time DWI charge in Texas is a Class B Misdemeanor, unless enhanced by aggravating factors. In addition to professional consequences, nurses charged with DWI in Texas face jail time, a permanent criminal conviction, thousands of dollars in fines, and a driver license suspension.

DWI with a BAC below .15 is a Class B misdemeanor. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months. A conviction for this offense results in a driver license suspension. Texas nurses can have their license suspended or revoked after a conviction for DWI.

DWI with a BAC of .15 or higher is a Class A misdemeanor. The maximum fine is $6,000.00, and the maximum jail sentence is 12 months. A conviction for this offense is permanent and results in a driver license suspension. A DWI conviction subjects a Texas nursing license to suspension or revocation.

DWI with an open container (DWIOC) is a Class A or B misdemeanor depending on the BAC. However, a person convicted of DWIOC faces a minimum of 6 days in jail because of the Open Container enhancement.

DWI with Child Passenger is a State Jail Felony. The maximum fine is $10,000.00, and the maximum period of confinement is 24 months in a State Jail facility. A conviction for this offense is permanent and results in a driver license suspension as well as other serious, collateral consequences associated with being a convicted felon.

Felony charges carry heavier, potentially devastating consequences for nurses in Texas. In addition to loss of employment, the likelihood of a license suspension or revocation is near certain with a felony conviction.

WHAT ARE NURSE ETHICAL STANDARDS IN TEXAS?

The ethical standards for Texas nurses are outlined in the Texas Administrative Code Title 22, Part 11, Chapter 217.11. Additionally, all LVNs, RNs, APNs, and CNAs are required to conform to the Texas Nursing Practice Act (NPA).

Any deviation or failure to meet these standards jeopardizes a nursing license. Criminal conduct, like an arrest or conviction for DWI, can trigger an investigation to determine if there was a failure to adhere to ethical standards.

Do nurses have to report DWI arrest to Texas board? No. Nurses are not required to report an arrest for DWI, unless the DWI is classified as a felony charge. However, reporting requirements during renewal periods may require disclosure of an arrest or pending case.

Do nurses have to report DWI conviction to Texas board? Yes. In Texas, a DWI conviction is a reportable offense to the Board of Nursing. Nurses face harsh penalties when an unreported conviction is discovered.

Once a DWI conviction is reported or discovered, an investigation will follow. All nurses have the right to an attorney during a Texas Board of Nursing investigation and disciplinary proceeding.

What happens with Texas Board of Nursing investigations? The investigation is to determine whether the Nurse Practice Act (NPA) has been violated. It can result in mandated alcohol and drug treatment, required participation in Texas Peer Assistance Program for Nurses, restrictions on nursing practice, and suspension or revocation of the nursing license.

CAN YOU BE A NURSE WITH A DUI ON YOUR RECORD?

A misdemeanor charge or conviction does not disqualify someone from obtaining a nursing license in Texas. However, criminal charges, even if dismissed, look bad and can hurt future job opportunities.

Can a nurse have deferred adjudication? Nurses in Texas can take advantage of deferred adjudication when facing criminal prosecution for misdemeanor offenses. However, the situation can become more complicated when facing a felony charge.

How do you get a DUI expunged in Texas? DUI and DWI are different in Texas. If you have been charged with either, and avoided a conviction, then your record may be eligible for an expunction or nondisclosure.

CAN YOU BECOME A NURSE WITH A DWI IN TEXAS?

Yes you can become a nurse with a DWI in Texas as a misdemeanor charge or conviction does not disqualify someone from obtaining a nursing license with the Texas Board of Nursing (TBON). However, employers frown upon criminal charges, even if dismissed, especially in cases of a 2nd DWI offense in Texas. Multiple DWI cases can lead to board-mandated discipline like substance abuse addiction treatment and Alcohol Awareness education courses.

Can you be a nurse with deferred adjudication? A person can become a nurse in Texas with a deferred adjudication DWI. However, the Texas Board of Nursing (TBON) application process requires disclosure of a DWI deferred adjudication, even if the criminal record is sealed by nondisclosure.

Do I have to report DUI to board of nursing? Nurses are not required to report a class C misdemeanor DUI (Driving Under the Influence) arrest but any DWI conviction must be reported to the Texas Board of Nursing (TBON). Additionally reporting requirements during renewal periods may require disclosure of an arrest or pending court case.

TEXAS DWI LAWYERS FOR NURSES

Trey Porter Law provides powerful representation for nurses facing DUI and DWI charges across Texas. Results matter most when your freedom and future are on the line. Trey Porter Law brings over 40 years of combined experience, strategic knowledge, and a hard-earned reputation of winning to every case the firm takes on. The top-rated lawyers at TPL have a steadfast commitment to uncompromising results.

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I had the pleasure of being represented by Trey Porter Law. Attorney Joseph Strickland worked with me directly and was wit me at every court appearance and I couldn't be more satisfied with the outcome. From the outset, they set clear expectations on how they could help me avoid jail time for my DWI charge.

What truly stood out was their unwavering support throughout the entire process. They were always accessible, promptly addressing any questions I had. Ms. Aisley would answer my call and respond to my questions on the spot. This was especially crucial when my school and potential employers raised concerns about my pending charges. Joseph Strickland provided guidance on how to navigate these external challenges, showcasing their commitment to their clients beyond the courtroom.

Their professionalism, transparent communication, and dedication to my case made a significant impact, and I am grateful for the positive resolution they achieved. I highly recommend Trey Porter Law Firm for anyone in need of a skilled and supportive defense attorney and team.

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After a search of attorneys in my area I sought out Trey Porter Law Firm, impressed by the detailed information provided on the website and resounding client endorsements. From the introductory phone call, direct meeting, subsequent calls/emails/texts, and throughout my court appearance and disposition, all dealings have been exceptional. Everyone on the team has been friendly and responsive, while still being highly professional. I also very much appreciate the proactive approach taken throughout my case.

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Mr. Porter an amazing attorney, he help me get through my situation swiftly and professionally as well as save me time and money in the process. Working with Mr. Porter was a pleasure, he kept me well informed and updated throughout the whole process which made things so much easier for me to understand. Mr. Porter and his team took the stress out of stressful situation. Mr. Porter and his team was always easy to contact and return my phone calls and emails promptly. I cannot give enough praise to Mr. Porter and his team. I had another attorney in the beginning who wad basically going to railroad me. I would definitely recommend Mr. Trey Porter again and again. If you’re looking for a great attorney who is affordable and knowledgeable and will fight for you, Trey Porter is the attorney to choose. Definitely a five star attorney.

J. Franklin

Trey and his staff are great and make sure to help you with all your questions to get through the process. Trey worked out the best outcome for my issue and got me an opportunity to get my charge expunged. Trey and his team made a negative experience end on a positive note. Truly recommend this law firm for your legal issues.

J. McKibbon

I would like to thank Trey Porter and his team regarding my DUI case. I truly could not have expected a better outcome regarding my case. This outcome only happened because of his expert knowledge and dedication to his profession. Trey really took time to explain every step of the process to me which really helped me make critical decisions on how to proceed. I am lucky to have come across his name and will only refer people to Mr. Porter regarding DUI offenses. Trey, I want to thank you publicly. Your expert handling of my D.U.I. got my case reduced to an outcome I was very pleased with. Nothing against my driving record, no loss of license and I’m positive this wouldn’t have turned out so well without you. Thanks for your hard work, empathy and responsiveness it really meant a lot to me.

R. Valdez

We hired Trey Porter to assist us last year. From the initial consultation up to and including the court hearing, Trey had a straight forward approach to the situation at hand. He explained everything along the way and was available at any time to discuss/answer any questions we had either by phone/text/email. With his experience and professionalism, we obtained the best outcome possible. We would highly recommend Trey Porter with no hesitation whatsoever. Five stars is definitely not enough!

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I hired Mr. Porter to represent my son in a DUI case. I was worried a conviction would ruin his future. Mr. Porter and the whole office were friendly, thorough, and poised throughout. They respond to text and calls almost instantly. We are just finishing the expunction process after the case was dismissed!!! I am grateful to Mr. Porter and recommend him to one and all. Excellent from start to finish. Thank you TPL!

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I won with Attorney Trey Porter! Had a criminal DWI .15 charge, small accident, but no injuries. This was my first criminal charge of my life. Mr. Porter was great to talk to — as was the entire office staff and other attorneys. Everyone was SO NICE! 9 long months passed and my charge was dismissed. No probation. No conviction. This experience was well worth the money. I recommend Trey Porter, Attorney at Law.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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