Can you be a teacher with a DWI in Texas?

Can you be a teacher with a DWI in Texas?

DWI is a severe offense for Texas teachers. The State Board for Educator Certification (SBEC) certifies teachers in Texas, and can impose disciplinary sanctions for criminal violations, including DWI. This is because the SBEC enforces an Educators Code of Ethics that also requires compliance with all state and federal law. Learn more.

  • What happens if you get a DWI as a teacher in Texas? If a teacher gets a DUI in Texas they can be temporarily suspended or lose their teacher certification in some instances. Disciplinary rules generally focus more on teachers with two or more DWI violations within a year. However, the Board does have discretion to impose discipline for a single DWI in Texas. Teachers who disregard disciplinary requirements risk suspension of their teaching certificate in Texas.
  • Can a teacher be fired for DWI in Texas? Yes, teachers can be fired for DWI in Texas depending on the severity of the offense. Texas employers are subject to varying priorities and unique expectations. A school may just decide they don’t want to deal with the negative publicity of a severe DWI and fire the teacher. Learn more.

CAN I BE A TEACHER WITH A DWI IN TEXAS?

Yes. A DWI does not prevent a person from becoming a teacher in Texas. However, even a single DWI arrest can result in disciplinary action by the state teaching board, including required drug or alcohol counseling. Multiple DWI offenses, including Felony DWI, can result in more severe discipline and even permanent cancellation of a Texas teaching certificate in some instances. Learn more.

  • Will I lose my teaching job with a DUI in Texas? Some employers may not want to deal with the public blowback of a DUI and will simply choose to fire a teacher. In some instances a DUI can lead to a teaching license suspension which would make a teacher ineligible for teaching employment in Texas.
  • Can a teacher be fired for being drunk? Yes, Texas prohibits educators from being under the influence of alcohol (BAC over 0.04) on school property or during school activities with students present. Additionally, repeated Public Intoxication or DWI offenses can lead to disciplinary action, teaching certificate suspension, and loss of employment in some instances. Learn more.

HOW HARD IS IT TO GET A TEACHING JOB WITH A DUI?

Texas school districts have differing guidelines toward DUI offenses. Some may have strict policies concerning criminal offenses. Importantly, educators must abide by all SBEC disciplinary requirements or risk losing their teaching credentials, which would make them ineligible for a teaching job in Texas. 

  • Can you have a criminal record and be a teacher in Texas? Yes, a person can be a teacher with a record in Texas. However, a criminal offense may lead to disciplinary requirements that must be strictly followed. Additionally, an educator may be ineligible for a teacher certification due to some criminal offenses, including sexual crimes, and improper relationships with students.

CAN YOU BE A TEACHER WITH A MISDEMEANOR IN TEXAS?

A misdemeanor will not always prevent a person from being a teacher in Texas. However some misdemeanors will result in disciplinary action that must be complied with in order to maintain a teaching certificate. Learn more.

The Texas State Board for Educator Certification maintains a list of offenses it considers directly related to teaching and with which it is particularly concerned in disciplinary proceedings:

  • Crimes involving moral turpitude; 
  • Crimes involving sexual or physical abuse of a minor or student or other illegal conduct with a minor or student; 
  • Solicited or engaged in sexual conduct or a romantic relationship with a student or minor; 
  • Any crime for which the underlying facts would support a felony conviction for possession, transfer, sale, distribution, or conspiracy to possess, transfer, sell, or distribute any controlled substance; 
  • Crimes involving school property or funds; 
  • Crimes involving an attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle a person to hold or obtain a position as an educator; 
  • Crimes that occur wholly or in part on school property or at a school-sponsored activity; or 
  • Two or more crimes committed within a 12-month period that involve public intoxication, operating a motor vehicle while under the influence of alcohol or disorderly conduct.

WHAT DISQUALIFIES YOU FROM BEING A TEACHER IN TEXAS?

Serious criminal offenses can permanently disqualify an educator from being a teacher in Texas. These include Murder, improper relationships with students, most sexual offenses, and distributing controlled substances on school property. Learn more.

  • What can get you fired from teaching in Texas? A teacher can be fired in Texas for certain criminal offenses, including DWI in some instances. An educator may also be fired for fraudulent misappropriation of school resources, embezzlement, or for improper relationships with students.
  • How can a teacher lose their license in Texas? The State Board for Educator Certification (SBEC) can suspend a teaching certificate for serious criminal offenses like Murder and Sexual Assault. The SBEC can also suspend licenses for less serious offenses, like DWI, where an educator neglects to comply with disciplinary requirements. Learn more.

DO TEACHERS HAVE TO REPORT ARRESTS IN TEXAS?

School districts in Texas are generally free to make their own policies as to what hiring and employment criteria to use. However, all educators are legally subject to criminal background checks prior to SBEC certification and employment in Texas. Learn more.

  • Texas teacher background check requirements? The Texas Education Agency (TEA) conducts criminal background checks on all applicants for teaching certification. Additionally all educators must complete fingerprint checks prior to employment. Learn more.
  • How far back does a fingerprint background check go for teachers in Texas? A fingerprint background check reveals all criminal offenses regardless of date for teachers in Texas. However, a fingerprint background check will not reveal offenses subject to an Expunction. Learn more.

CAN YOU BE A TEACHER WITH A DOMESTIC VIOLENCE CHARGE IN TEXAS?

A domestic violence charge in Texas will result in disciplinary action by the SBEC and can result in suspension of a teaching certificate in some instances. The board can consider a wide range of factors in determining sanctions, including the nature and severity of the offense and any mitigating circumstances. However, the board can also propose alternate sanctions like family violence counseling in lieu of suspension.

  • What is the 45 day rule for teachers in Texas? Teachers are required to resign a contract no later than 45 days before the first day of school instruction although a district may release a teacher voluntarily after that date. Teachers who abandon contracts without proper cause are subject to suspension by the SBEC.

CAN YOU STILL GET A JOB WITH A DWI IN TEXAS?

Yes, a DWI will not itself bar employment for Texas teachers. An educator may be subject to disciplinary action by the SBEC, however. Teachers who disregard SBEC requirements can lose their certification and job in Texas.

  • How long does a DUI conviction stay on your record in Texas? A DUI conviction is permanent and stays on a Texas criminal record for life. However, some DUI offenses may qualify for an Expunction, which destroys all records of the case, or for a nondisclosure order.

TREY PORTER NAMED BEST LAWYER IN DWI DEFENSE

Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

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Glowing Client Reviews

Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!

Joey

I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.

Wendy

Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.

I really appreciated all he did for me.

Juan

Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.

He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!

Binda

Trey Porter fought for me! I am a nurse and thought my career was over.

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Stevie

Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.

He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.

Alina

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WE FIGHT FOR DISMISSAL

WE FIGHT FOR DISMISSAL

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. State eventually dismissed DWI charge. Client received no criminal conviction.

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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The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

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