SEC Securities License DWI Lawyer In Beaumont, TX
The Securities and Exchange Commission does not issue licenses to individual brokers. Registered representatives are registered through FINRA and the states, and Form U4 is the document that asks about criminal history.
How Does A DWI Affect A Securities License?
Securities registrations are filed on Form U4, which asks about felonies and a limited list of misdemeanors. A misdemeanor DWI is not on that list, but a felony DWI charge is reportable once filed. A felony conviction within ten years is a statutory disqualification under Exchange Act Section 3(a)(39).
Source: FINRA: Statutory disqualification and eligibility proceedings
Understanding The Rules
Who Licenses A Securities Professional, And How Does A DWI Fit In?
The title of this page refers to the SEC because that is how people search for it. In practice the Securities and Exchange Commission does not license individuals. Registered representatives and investment adviser representatives are registered through FINRA and through state regulators, and Texas registrations run through the Texas State Securities Board.
The common document is Form U4. Its disclosure section asks about criminal history in two parts. Question 14A addresses felony charges, convictions and pleas of guilty or no contest. Question 14B is limited to listed kinds of misdemeanors.
An ordinary misdemeanor DWI under Penal Code § 49.04 is not among the 14B categories. A felony DWI is a felony, so 14A applies.
The form turns on the level of the offense:
- A first or second DWI is a misdemeanor, outside 14B's categories
- A third DWI, a DWI with a child passenger or an intoxication assault is a felony within 14A
- Charges are reportable even when they are later reduced or dismissed
- The form must be kept current as events change
For how Chapter 53 of the Occupations Code applies to state-licensed occupations generally, see the licensed professionals page.
Penalties And Consequences
What Are The Penalties And Registration Risks For A Securities Professional's DWI?
Because the form depends on the level of the charge, the penalty rows carry more weight here than on most pages. These are statutory limits, not predictions.
Third degree felony.
Under Exchange Act § 3(a)(39).
Class B misdemeanor.
- Misdemeanor DWI
- Class B on a first offense and Class A on a second or on a result of 0.15 or higher. Outside Question 14B's listed categories.
- Third DWI
- Third degree felony under § 49.09. Question 14A applies to felony charges.
- Child passenger
- State jail felony under § 49.045, 180 days to two years, also within 14A once charged.
- Regulators
- FINRA, the Texas State Securities Board, and for federal matters the SEC.
- Federal consequence
- A felony conviction within ten years can create a statutory disqualification under the Exchange Act.
- Driver's license
- An ALR hearing is requested within 15 days after the notice of suspension is received.
Real Questions
What Do People Ask About A Securities Professional's DWI In Texas?
Does a misdemeanor DWI go on Form U4?
When does a DWI become a Form U4 problem?
What if a form answer turns out to be wrong?
Can a disqualified person still work in the industry?
Possible Defenses
How Can A Securities Professional's DWI Be Defended?
The most direct protection for a registration is a case that does not become a felony. Prior convictions never expire in Texas, so a second DWI and a third DWI are measured against everything earlier, and a third is where the form changes.
An attorney reviews the stop, the testing and any prior records to see what the state can prove. No result can be promised.
A misdemeanor is not the end of the analysis.
Compliance departments ask their own questions, and fingerprints submitted for registration feed criminal history records. What a firm asks and what Form U4 asks are separate, and the answer to one does not settle the other.
Records relief such as a nondisclosure order controls public access, but regulators and firms can have a separate path to the underlying record.
The Charge Level
Can the facts and priors support a felony, or only a misdemeanor?
The Prior Judgments
Is each earlier conviction final, provable and tied to the defendant?
The Passenger Facts
Was a child under 15 actually in the vehicle, and can the state prove it?
The Stop And Tests
Was the stop lawful, and were the breath, blood and roadside tests handled correctly?
The Plea Wording
How would a proposed plea read as a charge, plea or conviction on Form U4?
The Firm Procedures
What do the written supervisory procedures require, and by when?
Local Process
What Happens After A Securities Professional's DWI Arrest In Jefferson County?
The criminal case follows Texas procedure, and the registration side runs on its own rules. Where the case is filed and who handles it are specific to Jefferson County.
Arrest And Magistrate
The person is booked and brought before a magistrate within 48 hours, who sets bond.
The License Request
A hearing request goes to the Texas Department of Public Safety and is due within 15 days after notice is received.
The Charging Decision
The prosecutor decides between a misdemeanor and a felony, which decides whether question 14A is reached.
Disclosure Review
The registered person and the firm's compliance staff review what the charge, plea and result require on the form.
- Misdemeanors
- Filed in one of the Jefferson County Courts at Law.
- Felonies
- Presented to a grand jury by the Jefferson County Criminal District Attorney's Office, then heard in the district courts at the Jefferson County Courthouse on 1085 Pearl Street.
- 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.
- Federal court
- Securities matters in federal court sit in the United States District Court for the Eastern District of Texas, Beaumont Division.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should A Registered Representative Do After A DWI Arrest?
A registration adds disclosure questions to the ordinary DWI deadlines. Treat the list below as general information and not as advice for any one person.
Count The License Days
Find the notice of suspension and count 15 days from the day it was received.
Read The Charging Paper
Confirm whether it says misdemeanor or felony and which section it cites.
Open The Compliance Manual
Check the firm's rules on arrests and on when to report internally.
Review The Current Form
Read today's U4 questions before any amendment or renewal is filed.
Keep Court Records
Save every court paper, since later disclosures depend on them.
Do Not Guess On A Form
An inaccurate answer can cause more trouble than the arrest.
Talk to a lawyer before entering a plea, especially if a felony is possible. A plea that looks small in court can have large effects on a registration. Mitchell Law Firm offers a confidential conversation about a DWI charge for a securities professional in Jefferson County. Calling early keeps more options open. Questions about the registration filing itself are best reviewed with the firm's compliance staff or a securities regulatory lawyer.
Official Texas Sources
Read The Law Behind This Page
- FINRA: General information on statutory disqualification and eligibility proceedings
- FINRA: Form U4, Uniform Application for Securities Industry Registration
- Texas State Securities Board: registration of investment adviser representatives
- Texas Penal Code Chapter 49: DWI offense and enhancements
- Texas Transportation Code Chapter 524: administrative license suspension
- Texas Occupations Code Chapter 53: consequences of criminal conviction for licensees
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
The level of the charge matters on the securities side. These pages cover the repeat and felony charges and others nearby. 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
Securities License DWI Questions People In Beaumont Ask
Who regulates a securities representative arrested for DWI in Beaumont, TX?
Individuals are registered with FINRA, the self-regulatory organization, and with the states where they do business. In Texas that is the Texas State Securities Board. The SEC oversees the industry and the regulators but does not license individual representatives. The registration paperwork is filed through the Form U4 system.
What does Form U4 ask about a DWI in Jefferson County?
Question 14A covers felony charges, convictions and guilty or no contest pleas. Question 14B is limited to listed categories of misdemeanors, such as those involving securities, fraud, false statements or theft, and an ordinary misdemeanor DWI is not one of them. A felony DWI charge is within 14A even if it is later reduced or dismissed.
How quickly must a registered representative update Form U4 after a Beaumont DWI?
The form's instructions place a continuing duty on the individual and the firm to keep the information current. The exact time limit depends on the event and on FINRA's current rules, and some events carry shorter windows than others. The rule that applies is read directly, with the firm's compliance staff, before any filing or delay.
Can a felony DWI conviction end a registration in Beaumont, TX?
Under Section 3(a)(39) of the Securities Exchange Act, a felony conviction within the previous ten years is a statutory disqualification, whether or not the felony involved securities. A disqualified person can associate with a member firm only through FINRA's eligibility process. The Texas State Securities Board also has rules on registrants with criminal backgrounds.
Can a Jefferson County DWI show up on BrokerCheck?
BrokerCheck displays regulatory and criminal disclosure events that firms and individuals report on Form U4 and related forms. A matter that is not reportable under the form's questions is not reported there. A felony charge or conviction that is disclosed can remain in the public record the system maintains.
Does a firm's own policy cover a misdemeanor DWI arrest in Beaumont, TX?
It can. Member firms write their own supervisory procedures, and many ask registered people to report an arrest internally even when Form U4 does not require it. Firms also fingerprint associated people, so a later check can show an arrest. The compliance manual sets the internal duty.
Mitchell Law Firm, PLLC
Protect Your Registration
The level of the charge sets what has to be disclosed. Get advice before a charging decision is made or a form is amended.
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