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. Learn more.
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’s 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. Learn more.
- 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. Learn more.
- 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 convictions to the 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. Learn more.
- 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. Learn more.
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Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
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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.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
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.
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.
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.
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.
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.
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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