Psychologist License DWI Lawyer In Beaumont, TX
Psychologists in Texas hold licenses issued by the Texas State Board of Examiners of Psychologists, which operates under the Behavioral Health Executive Council. This page covers the statute and rules that apply to a DWI, the penalties, the questions a clinician faces and the Jefferson County process.
How Does A DWI Affect A Psychology License In Texas?
A psychologist's DWI is prosecuted under Penal Code § 49.04 and reviewed separately by the Texas Behavioral Health Executive Council. Occupations Code § 501.401 calls for discipline after a felony or moral turpitude conviction and for use of drugs or alcohol that affects professional competency. The Council applies its own rules and Chapter 53.
Source: Texas Occupations Code Chapter 501, Psychologists' Licensing Act
Understanding Texas Law
How Does Texas Law Treat A Psychologist's DWI?
Texas combined the regulation of several mental health professions under one body in 2019, the Behavioral Health Executive Council. The Texas State Board of Examiners of Psychologists still issues psychology licenses, but it works under the Council, which sets shared rules and runs enforcement.
The statute for psychologists is Chapter 501 of the Occupations Code, and the practice rules are in Chapter 465 of Title 22 of the Texas Administrative Code. The Council's shared rules, in 22 TAC chapter 882, include a section on ineligibility due to criminal history, which is where a DWI would be read.
The psychology license has several tiers, including psychological associates and specialists in school psychology, and each sits within the same framework.
The pieces a DWI runs into:
- Occupations Code Chapter 501, the Psychologists' Licensing Act
- 22 TAC Chapter 465, the practice rules
- 22 TAC chapter 882, including the criminal history eligibility provisions
- Occupations Code Chapter 53, the general criminal history statute
Section 501.401 directs discipline for a felony or moral turpitude conviction and for using drugs or alcohol to an extent that affects professional competency. The licensed professionals page describes Chapter 53, and the counselor license page covers a closely related profession under the same Council.
Penalties And Consequences
What Are The Penalties For A Psychologist's DWI In Texas?
The criminal side is the same for every defendant. The licensing side is where a clinician's profession raises the stakes. These are statutory limits and Council options, not predictions.
Up to $4,000 for a Class A, and up to $10,000 for a third degree felony.
Counted from receipt of the notice.
- Classification
- Class B misdemeanor under Penal Code § 49.04, Class A when the result is 0.15 or higher.
- Licensing body
- The Texas State Board of Examiners of Psychologists, under the Behavioral Health Executive Council.
- Statutory grounds
- Occupations Code § 501.401: a felony or moral turpitude conviction, or use of drugs or alcohol to an extent that affects professional competency.
- Council rules
- 22 TAC chapter 882, including its criminal history and license eligibility provisions.
- Driver's license
- The ALR hearing request goes in within 15 days after notice, and the State Office of Administrative Hearings hears it.
A third DWI is a felony under § 49.09, which puts a repeat history on the other side of the line the statute draws.
Real Questions
What Do People Ask About A Psychologist's DWI In Texas?
Why does the felony line matter so much for a psychologist?
Does a clinician's court work make the record matter more?
What about psychological associates and provisional licensees?
Will hospitals and insurance panels ask separate questions?
Could an expunction or nondisclosure order help?
Possible Defenses
How Can A Psychologist's DWI Be Defended?
The evidence work comes first. As in any first DWI, the stop, the field tests and the breath or blood result are examined before any outcome is considered. No result can be promised.
After that comes the question of how the case ends. A dismissal, a deferred adjudication and a conviction are read differently by the Council and by the credentialing offices that follow.
The ending should fit the next form.
Later remedies such as expunction or nondisclosure change what the public record shows, but the order of steps still matters. What is said to a treatment provider, an employer or the Council can travel into the criminal case, and what is said in court can reach the Council.
A careful reading of each form against the exact words of the judgment avoids a second problem on top of the first.
The Stop
Did the officer have a lawful reason to stop the vehicle?
The Roadside Tests
Were the standardized tests given and scored by the training protocol?
The Specimen
Was the breath or blood sample collected, stored and tested correctly?
Felony Exposure
Does any prior or aggravating fact threaten a felony charge that changes the licensing picture?
The Judgment Language
Which resolution reads best under chapter 882 and the credentialing forms that follow?
Treatment Records
If treatment is considered, what will be documented, by whom and when?
Local Process
What Happens After A Psychologist's DWI Arrest In Jefferson County?
The criminal case follows the Texas process and the Council's review follows its own rules. The court, the prosecutor and the booking are the parts specific to Jefferson County.
The ALR Request
A hearing request must be made within 15 days after the notice of suspension is received. The State Office of Administrative Hearings hears the case by telephone or videoconference.
The Council Question
Read the current application and renewal questions, and the Council's rules in chapter 882, before anything is sent.
The Criminal Case
The case moves through settings and evidence review, and the final judgment decides which of the Council's provisions apply.
- Who makes the arrest
- Beaumont Police Department, Jefferson County Sheriff's Office, Texas DPS Highway Patrol, Port Arthur Police Department, Nederland Police Department, Port Neches Police Department, or Groves Police Department.
- Booking
- Arrestees from every law enforcement agency in the county are booked into the county's jail system.
- Misdemeanor court
- Set in one of the Jefferson County Courts at Law, handled by prosecutors in Jefferson County.
- Felony court
- Indicted felonies are heard in the district courts at the Jefferson County Courthouse on 1085 Pearl Street, prosecuted by the Jefferson County Criminal District Attorney's Office.
- If the case is appealed
- the Ninth Court of Appeals in Beaumont.
Next Steps
What Should A Psychologist Do After A DWI Arrest?
A clinician has a court, a Council and often several credentialing offices to think about. These steps are general information, not advice for any one person.
Count 15 Days
Find the date you received the notice of suspension and ask about an ALR hearing before the window closes.
Read The Forms
Pull the current Council questions and any hospital or panel credentialing forms and read them word for word.
Hold The Explanations
Do not send an account of the arrest to the Council, a supervisor or an employer before the case has been reviewed.
Think Before Treatment
Talk through the timing and documentation of any evaluation before the first appointment.
Check Supervision Duties
If you supervise others or are supervised, read the agreement for notice requirements.
Save The Court Papers
Keep the arrest paperwork, bond, notices and every order.
Talk to a lawyer before deciding how to proceed. Mitchell Law Firm offers a confidential conversation about a psychologist's DWI charge in Jefferson County. Calling early keeps more options open.
Official Texas Sources
Read The Law Behind This Page
- Texas Occupations Code Chapter 501: Psychologists' Licensing Act, including § 501.401
- Texas Occupations Code Chapter 53: consequences of criminal conviction
- Texas Penal Code Chapter 49: DWI offense and enhancements
- Texas Transportation Code Chapter 524: administrative license suspension and the ALR hearing
- Texas Behavioral Health Executive Council
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Beaumont trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related DWI Charges
Other DWI Cases Handled In Beaumont, TX
Related mental health professions share some rules and differ in others. These pages cover the neighbors. See the full DWI defense overview for Beaumont.
First, Repeat And Felony DWI
Priors never expire in Texas, and a second or third charge moves the case into a different range entirely.
Drug And Substance DWI
You do not need alcohol to be charged. Prescriptions and legal hemp products lead to DWI arrests in Jefferson County.
The Driver And The Vehicle
Age, license type, home state, and what was being operated all change where the same stop leads.
Your License And The Process
The evidence, the deadlines, and what a conviction reaches beyond the courtroom.
Health Care Licenses
Boards that license patient care run their own review of an alcohol arrest, separate from the court.
Other Professional Licenses
Law, finance, aviation, teaching, real estate, and security work each answer to their own board or agency.
Common Questions
Psychologist License DWI Questions People In Beaumont Ask
Which body oversees a psychologist charged with DWI in Beaumont, TX?
The Texas State Board of Examiners of Psychologists, which operates under the Texas Behavioral Health Executive Council. The Psychologists' Licensing Act is Chapter 501 of the Occupations Code, and the practice rules are in 22 TAC Chapter 465. The Council's rules also reach counselors, therapists and social workers.
What does Occupations Code § 501.401 say about a Jefferson County DWI?
Section 501.401 directs the Council to take disciplinary action against a license holder who is convicted of a felony or of a violation of a law involving moral turpitude, or who uses drugs or alcohol to an extent that affects professional competency. It does not list a first misdemeanor DWI by name, so the facts and the Council's rules decide how the grounds apply.
Which criminal history rules apply to a psychologist in Beaumont, TX?
The Council's shared rules are in 22 TAC chapter 882, which includes a section on ineligibility due to criminal history and a subchapter on criminal history and license eligibility. Psychology-specific rules sit in other chapters of Title 22. Occupations Code chapter 53 works alongside them as the general statute for licensing authorities.
Is a DWI arrest in Jefferson County a reportable event for a psychologist?
The reporting duties for a psychologist's own criminal case come from the Council's current rules and renewal forms, and the text should be read directly. The practice rules also contain a duty to report another licensee's violations in some circumstances. This page does not state a deadline for self-reporting.
Can a psychologist in Beaumont, TX seek treatment after a DWI arrest?
Seeking an evaluation or treatment after an arrest is a personal and clinical decision. It also creates records and may be considered by a licensing board reviewing the matter. The timing against the criminal case, and what is documented and by whom, are worth settling with a lawyer before the first appointment.
What can happen to a psychologist's DWI case in Jefferson County?
A misdemeanor DWI can end in dismissal, a reduction, deferred adjudication where it is available, a plea or a verdict after trial. The Council evaluates criminal history under its rule and Chapter 53, so the form of the ending changes how it reads. A particular result cannot be promised.
Mitchell Law Firm, PLLC
Protect The License You Earned
The court case and the Council's rules both begin with the arrest. Get advice before either moves.
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