DWI consequences for Nurses 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 misdemeanorDUI (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.
