Various state licensing boards and agencies license, oversee, and regulate different types of Texas professionals. These agencies ensure that these professionals comply with the laws and regulations that apply to them. The enforcement divisions of their respective licensing board agencies become involved upon receipt of complaints that licensed professionals have violated laws or regulations concerning their profession. One common ground for disciplinary complaints is a criminal arrest or conviction, including for a common criminal offense such as a DWI.
If you face a complaint or disciplinary proceedings before your licensing board, your first call should be to an experienced professional license defense lawyer. You need legal counsel to help protect your rights, safeguard your license, and allow you to continue your professional career. Together, you can fight back against the allegations against you and work to resolve your case with minimal effects on your career.
Potential Outcomes of Reporting a DWI to Your Licensing Board
In most cases, you must disclose an arrest or conviction for a DWI to your professional licensing board. You may face negative repercussions and disciplinary action because of a DWI. However, since a DWI is often a misdemeanor offense, especially for a first-time offender, a DWI arrest may not have major consequences for some professional licensees. On the other hand, a DWI arrest can result in more severe repercussions for individuals in some professions. Likewise, if you have previous DWI convictions or a serious substance problem, and you are now facing felony charges, you could be facing a much more serious situation.
Similarly, your profession and its governing laws and rules make a distinct difference in how a DWI arrest and/or conviction will affect you. Some professions have specific penalties for a first and subsequent DWI arrest and/or conviction. The laws governing some professions distinguish between arrests that do not lead to a conviction or criminal charges that are later dismissed, whereas others do not. Finally, the laws that apply to some other professions do not have specific penalties for DWI arrests or convictions but only general guidelines that apply to such violations, which may change considering mitigating or aggravating circumstances. Therefore, the outcome of a DWI for one professional can be very different for a licensee in a different profession.
DWIs and the Texas Occupations Code
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The Texas Occupations Code governs many licensed professions. Under Tex. Occ. Code §53.021, a licensing authority may not suspend or revoke a license because a person has been convicted of most misdemeanor offenses, including DWIs unless it “directly relates to the duties and responsibilities of the licensed occupation.” Additionally, suppose the person pleads guilty or nolo contendre and completes a deferred adjudication program, resulting in the DWI charge being dismissed. In that case, the licensing board cannot suspend or revoke the person’s license for the arrest and/or charge.
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However, this same section permits such discipline if the person is convicted of a felony offense, which may occur if a person is facing DWI charges after multiple previous DWI convictions or other aggravating circumstances. Likewise, this section excludes some professions, including law enforcement, public health, education, safety services, and some financial services.
DWIs and Health Professions
Different licensing boards govern health professionals and thus are subject to differing standards concerning DWI arrests and convictions. Here are some examples of how licensing boards treat DWI offenses that different health professionals commit.
The Texas Medical Board
The Texas Medical Board (TMB) oversees physicians, physician assistants, acupuncturists, and other health professionals. Under 22 Tex. Admin. Code §190.8(6), neither the Texas Medical Practice Act, the Physician Assistant Act, nor the Acupuncture Act allow the TMB to take disciplinary action against their licensees for misdemeanor criminal offenses unless they involve moral turpitude or directly relate to the practice of medicine. Crimes of moral turpitude include various crimes, but they include those that reflect adversely on a licensee’s fitness to practice under the scope of their license. Crimes directly related to the practice of medicine include those that arose out of the practice of medicine, among other characteristics. As a result, a first-time misdemeanor DWI offense committed when a physician is off duty is not likely to qualify as a crime for which the TMB would take disciplinary action.
On the other hand, these laws do allow the TMB to take disciplinary action against physicians, physician assistants, and acupuncturists who commit any felony offense. More specifically, the TMB can suspend or revoke the license of professionals for felony offenses. DWIs can be felony offenses in some circumstances, such as for individuals with multiple previous DWI convictions or for individuals who caused accidents injuring other persons while committing a DWI. Furthermore, the TMB can take disciplinary action not only for a felony conviction but also for deferred adjudication, community supervision, or deferred disposition for any felony.
The Texas Board of Nursing
The Texas Board of Nursing (TBON) takes a similar approach as the TMB. Again, a misdemeanor offense that does not involve a crime of moral turpitude is not grounds for discipline by TMB. However, a felony conviction, deferred adjudication, community supervision, or deferred disposition is grounds for disciplinary action under Tex. Occ. Code §301.452. Additionally, intemperate use of alcohol, meaning being under the influence of alcohol while on duty or call, can result in discipline for a nurse, as well. Therefore, if a nurse was arrested for DWI directly after leaving her place of employment, the DWI very well could result in disciplinary action, even if the offense is a mere misdemeanor.
The Texas Education Agency and the State Board for Educator Certification
Under 19 Tex. Admin. Code §249.15, the State Board for Educator Certification (SBEC) may discipline educators for DWI as a felony offense only. Therefore, a DWI as a misdemeanor offense typically would not trigger disciplinary action by the SBEC. However, the SBEC may also discipline educators for any offense that occurs on school property or in connection with a school event, which could lead to discipline.
The Texas State Bar
The Texas Disciplinary Rules of Professional Conduct do not list specific criminal offenses that will result in disciplinary action for lawyers. However, Rule 8.04 defines attorney misconduct as occurring, in part, when a lawyer “commit[s] a serious crime or commit any other criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.”
Although this rule is vague, it is fair to say that a DWI charged as a felony offense will likely result in disciplinary action for a lawyer. Whether a one-time DWI as a misdemeanor causes disciplinary action is much less clear, but it is possible.
Count on Bertolino LLP to Defend Your Professional License from Disciplinary Action
Don’t allow a complaint to derail your career without cause. When facing disciplinary proceedings, you need a seasoned professional license defense attorney. We will defend you against the allegations you are facing and work to clear your name. Contact the lawyers of Bertolino LLP today by calling (512) 515-9518 or visiting us online.
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