Being arrested for a DWI in Texas may lead to more than just criminal proceedings. If you're a licensed professional, like a nurse, a DWI could also prompt the licensing board to take disciplinary action. This may even involve stripping you of your license (and your right to practice nursing with it).
The way a licensing board handles a DWI case isn't exactly the same as the way parties involved in criminal cases handle them. Consider this when hiring a lawyer to defend your professional license.
At the Lento Law Firm, our Professional License Defense Team offers a service a criminal law firm may not offer. We specifically represent clients like you, applying our understanding of how these cases tend to proceed to ensure you have the defense you deserve. Learn more about what we can do for you by calling us at 888-535-3686 or contacting us through our online contact form today.
Do I Have To Report a DWI Arrest if I'm a Nurse in Texas?
The Texas Board of Nursing (hereafter referred to as the Board) is responsible for issuing nursing licenses and enforcing the Nursing Practice Act in the Lone Star State. Under the current rules, a nurse doesn't have to report a DWI arrest. The Board will usually only consider disciplining a nurse after a conviction.
(There may be exceptions. According to the Nursing Practice Act, if the Board finds information in the arrest record indicating someone has engaged in criminal conduct that represents a violation of the Board's rules, it may move forward with an investigation early. The Board considers every alleged violation on a case-by-case basis.)
That's not to say you can ignore the matter until you know the outcome of your criminal case. Even if the Board isn't currently investigating your arrest, strongly consider reviewing your case with our Professional License Defense Team at the Lento Law Firm.
Preparation is key when defending your nursing license. If it's likely the Board will initiate an investigation, we can help you prepare accordingly.
We can also answer your questions. For example, even though the law doesn't require that you report an arrest, you might wonder if doing so is nevertheless a good idea. Our team can address such concerns, helping you better understand how to navigate every step.
Professional Consequences of a Texas DWI for a Nurse
You will need to report a DWI conviction to the Board when you renew your license. In some instances, it may be necessary to report a conviction earlier. Our team can help you determine whether reporting a DWI conviction right away is the best option. Again, if a conviction is imminent, we might even suggest reporting an arrest.
The Board considers a crime that involves alcohol or drugs to be the type that directly relates to patient care and a nurse's overall responsibilities. Although the Board retains the right to sanction a nurse for any type of criminal activity, the Board is particularly likely to consider disciplinary action when a nurse is convicted of a crime the Board deems directly related to the practice of nursing.
The Board may consider various forms of disciplinary action when a nurse is convicted of a DWI in Texas. Common examples include:
- Remedial education: This form of discipline involves requiring a nurse to participate in a relevant education or training program. A nurse may also be fined if this is their penalty. However, the Board tends to reserve this sanction for nurses who've committed minor violations, such as failing to follow procedural rules when renewing their licenses.
- Warning or reprimand with stipulations: A formal warning or reprimand is a common form of discipline the Board considers. It may also come with stipulations. For example, the Board can require a nurse to abstain from unauthorized drug or alcohol use and submit to testing for a period of time to continue practicing nursing.
- Peer assistance: The Board may order a nurse convicted of a DWI to participate in a peer-assistance program for those with substance abuse issues. Refusal to participate in the program could limit a nurse's privilege to practice in Texas.
- License suspension: The Board may suspend a nurse's license for a period of time until certain conditions are met, or both. For example, a suspension could remain in place until a nurse can provide the Board with evidence showing they've completed a substance abuse treatment program (or are currently in one) and have been sober for at least one year.
- Temporary suspension of nursing practice with the possibility for revocation: If the Board determines that allowing a nurse to continue practicing would place the public at unreasonable risk of harm, it can temporarily suspend a nurse's practice until it has investigated further. Depending on the Board's findings, it could revoke a nurse's license entirely.
Various factors can affect the specific nature of the disciplinary action the Board orders. During a temporary license suspension, the Board may require a nurse to undergo substance abuse treatment if they've been diagnosed with a substance abuse issue. If there's been no such diagnosis, the Board might require a nurse to practice under another's supervision during a probationary period.
It's also important to note that the Board is sometimes willing to negotiate. As with judges and courts in criminal cases, the Board may consider mitigating factors when deciding how to discipline a nurse.
We understand how the Board handles cases like yours. At the Lento Law Firm, our Professional License Defense Team will ensure the Board arrives at its decision fairly if it opts to sanction you. We can also assist with negotiations, as well as explaining the nature of a sanction if you're not sure what a particular form of disciplinary action requires.
Factors the Board Considers When Disciplining Texas Nurses for DWIs
Per the Nursing Practice Act, the Board will consider such factors as the following when determining how to discipline a nurse convicted of a DWI:
- Past criminal activity
- Age at the time of the criminal activity
- How much time has elapsed since the criminal activity
- A nurse's conduct and work both before and after their arrest/conviction
- Any evidence of rehabilitation (including rehabilitation efforts)
The Nursing Practice Act also states that the Board may consider additional factors and documentation that could influence its decision when considering disciplinary action. For example, letters of recommendation from prosecutors and other such parties may demonstrate to the Board that lenient sentencing is appropriate.
Our attorneys at the Lento Law Firm Professional License Defense Team have the unique experience necessary to thoroughly understand the types of factors and evidence the Board accounts for in cases like yours. We can help you gather and present evidence and arguments that may strengthen your case.
What Not to Do As a Nurse Arrested for a DWI in Texas
There are certain general steps you should NEVER take when facing DWI charges, regardless of whether your professional license hangs in the balance. For example, you shouldn't:
- Discuss your case openly with others
- Answer questions, participate in interviews, or otherwise allow yourself to be questioned without a lawyer present
- Post about your case on social media
- Attempt to defend yourself
These also apply to Board investigations. If the Board is considering disciplinary action because of a DWI, exercise your right to remain quiet and hire an attorney to represent you. By allowing our Professional License Defense Team at the Lento Law Firm to handle your case, you'll be less likely to make the types of errors that could result in an unfavorable outcome.
What to Do When the Board Requests Information About a DWI
The Board might ask a nurse to provide additional information about their DWI after the nurse reports it when renewing their license. Or, the Board may request additional information if it discovers the DWI (whether it be an arrest or conviction) on its own.
Don't ignore such requests. Under the Nursing Practice Act, if you fail to respond to them within the stated time frame, you may face additional sanctions.
However, you shouldn't necessarily respond immediately. Take the time to review the request with legal professionals first. They can help you prepare a response that's accurate but doesn't damage your case.
Addressing such requests is just one of many tasks we at the Lento Law Firm's Professional License Defense Team can handle on your behalf. When you hire the right lawyers to defend you, you'll be less intimidated by these steps as your case moves forward.
Texas and the Nursys System: Essential Information After a DWI
The Board publishes information about any and all forms of disciplinary action it takes. This information may be accessible for a period during which it could be difficult for you to find employment elsewhere in Texas.
Texas is also one of many states participating in Nursys. This information-sharing system helps nurses more efficiently get licensed to practice in new states. If a nurse moves from one Nursys state to another, the information in the system immediately transfers. Typically, this means they won't even need to get relicensed.
However, there are also some drawbacks to the Nursys system for those who've been subject to disciplinary action. Information about disciplinary action the Board takes will also be available to any potential employers in a Nursys state. In other words, being disciplined in Texas after a DWI can interfere with your ability to work elsewhere in the country.
That's not meant to worry you. Even if you are disciplined, except in rare instances, it doesn't necessarily mean your career is over forever. That said, it could mean your career hits a major snag from which it will be difficult to recover.
Take these matters seriously. Don't wait for the Board to start finalizing its decision. Our Professional License Defense Team at the Lento Law Firm is ready to help you protect the career you've spent years building.
Why a Nurse Needs a Professional License Defense Law Firm After a DWI in Texas
A criminal case naturally follows a DWI arrest. You might think the lawyer you hire to defend you when facing criminal charges is also qualified to represent you if the Board investigates and considers disciplinary action.
While this is an understandable assumption, you must keep in mind that Board investigations can differ from criminal cases in many ways. Consider the following examples:
- The Board may not inform a nurse of their rights or otherwise follow all the exact same due process rules as judges, prosecutors, police, etc.
- A jury doesn't decide the outcome of a Board investigation. As such, the way a lawyer defends a client in these circumstances may be different from how they would defend a client in a criminal trial.
- The Board's goal is different from that of the justice system. The Board needs to confirm a nurse is able to practice nursing without jeopardizing the public's safety. That means the Board may consider different factors and evidence than judges and prosecutors would consider when handling a case like yours.
- The Board bases its decisions and procedures on a set of rules that's separate from the laws governing DWI cases in Texas.
Those are just a few key differences. The main point to understand is that an attorney who may be able to defend you in a criminal case is nevertheless not the right lawyer to handle professional license defense matters. For that type of case, you need an attorney who understands the unique qualities of Board investigations. That's exactly what you'll find at the Lento Law Firm Professional License Defense Team.
A Texas DWI Professional License Defense Lawyer Can Help You
You became a nurse out of a desire to help people. This is a career you've worked hard for. You don't want to lose it because a DWI conviction has jeopardized your license.
Be proactive and get in touch with legal professionals qualified to handle a case like yours if you're a nurse facing license issues because of a DWI in Texas. At the Lento Law Firm Professional License Defense Team, we'll fight for your rights throughout the process. Get started today by submitting your information through our online contact form or calling our offices at 888-535-3686.
