CPA License DWI Lawyer In Conroe, TX
Certified public accountants in Texas answer to the Texas State Board of Public Accountancy, and its rules name crimes involving alcohol abuse. This page explains the 30 day reporting rule, the discreditable acts rule, how to build a report from the court file, and how the criminal defense fits around both.
What Must A Texas CPA Report After A DWI?
Under Board Rule 501.91, a Texas CPA reports reportable events to the State Board of Public Accountancy in writing within 30 days of knowing of them. The events include the filing of criminal charges, a conviction or deferred adjudication for a crime involving alcohol abuse. The underlying offense is DWI under Penal Code § 49.04, and Rule 501.90 separately lists alcohol related prosecutions as discreditable acts.
Source: Texas Public Accountancy Act, Occupations Code Chapter 901
Understanding Texas Law
What Does The Accountancy Board Require After A CPA's DWI?
The Texas State Board of Public Accountancy regulates CPAs under the Public Accountancy Act, Chapter 901 of the Occupations Code. Its conduct rules are in Chapter 501 of Title 22 of the Texas Administrative Code, and the reporting rule to read first after a DWI is 501.91.
Rule 501.91 gives a licensee 30 days, counted from the time the licensee knows of it, to report a listed event in writing. The list reaches the filing of criminal charges for a crime involving alcohol abuse, not only a conviction or a deferred adjudication. So the report can come due while the DWI case is still at its first settings.
In Montgomery County, a first or second DWI is filed in one of the Montgomery County Courts at Law. The arrest date sits on the booking record at the Montgomery County Jail. The filing date sits on the court's record, and because the duty runs from knowledge of the filing, that record is worth pulling before a word of the report is drafted.
A CPA's calendar after a DWI arrest:
- The arrest. The ALR clock starts, with 15 days after the notice to request a hearing.
- The filing of the charge. A reportable event under Rule 501.91, with 30 days from knowledge.
- Day 40. With no hearing request, the driver's license suspension takes effect.
- The disposition. A conviction or a deferred adjudication order is a listed event in its own right.
Rule 501.91 also lists felonies, crimes of moral turpitude, crimes with fraud or dishonesty as an element, crimes of physical injury or threats, and crimes related to a CPA's duties.
The rules every Texas license holder shares, including Chapter 53, are on the licensed professionals page.
Penalties And Consequences
What Are The Penalties And Board Consequences For A CPA's DWI?
Reporting is only half of the board's interest. Rule 501.90 lists conduct the board treats as discreditable to the profession, and one example is a criminal prosecution involving alcohol abuse that ends in a final conviction, deferred adjudication or community supervision. The criminal penalties below are statutory limits, not predictions.
Runs from the licensee knowing of the event.
Runs from receipt of the notice of suspension.
Plus a fine of up to $2,000.
- The offense
- Penal Code § 49.04. A Class B misdemeanor on a first offense, up to 180 days and a $2,000 fine. Class A at 0.15 or above.
- Reporting rule
- Board Rule 501.91, 22 TAC § 501.91. Written report within 30 days of knowledge.
- Events that trigger it
- The filing of charges, a conviction or the imposition of deferred adjudication for a crime involving alcohol abuse.
- Conduct rule
- Board Rule 501.90, discreditable acts, which names alcohol prosecutions that end in conviction, deferred adjudication or community supervision.
- What a report opens
- An investigation file that the board handles through its complaint process.
- Chapter 53 review
- The board asks whether an offense directly relates to the occupation, then weighs factors such as time elapsed and rehabilitation (Occupations Code §§ 53.022 and 53.023).
- Peer assistance
- ACAN, the Accountants Confidential Assistance Network, administered by the Texas Society of CPAs.
- Driver's license
- An ALR suspension can start before the criminal case ends, and a conviction brings a separate court ordered suspension.
The board's rules and the criminal statutes run on separate tracks, and the way the criminal case ends decides which board rules come into play.
Real Questions
What Do CPAs Ask About A DWI In Texas?
Does an arrest count as the filing of charges?
Does a dismissal end the board's interest?
What if I am offered deferred adjudication?
Is the board the only audience for my case?
Possible Defenses
How Can A CPA's DWI Be Defended?
The criminal defense starts with the same file as any first DWI. An attorney reviews the stop, the field tests, the breath or blood result and the video to see what the state can prove. No result can be promised.
The board adds a timing problem. A deferred adjudication, a reduction and a dismissal each land differently under Rules 501.90 and 501.91, so the choices are weighed together. The deferred adjudication page explains that option in general.
A report built from the court file.
Accountants tie every figure to a source document, and a board report holds up best the same way. The charging instrument, the case number, the court and the filing date are the facts the rule is after.
A description of the evening, an estimate of what was consumed, or a view on whether the stop was fair is not something the rule asks for. Anything written lands in a regulatory file with none of the protection of a talk with a defense lawyer.
The Stop
Was there a lawful reason to stop or detain the driver?
The Test
Was the breath or blood sample collected, stored and analyzed correctly?
The Warrant Draw
If blood came from a No Refusal warrant, does the affidavit, the draw and the lab work hold up?
When Charges Are Filed
What does the court record show about the filing date?
The Report Wording
Does the report stay with the event and the court documents?
Later Events
Would a later order or judgment be a new reportable event?
Local Process
What Happens After A CPA's DWI Arrest In Montgomery County?
The criminal process and the board's rules both come from state law. The court, prosecutor and jail that handle a CPA's case are those of Montgomery County.
Driver's License
An ALR hearing request goes to DPS within 15 days after the notice is received, to be heard by a judge of the State Office of Administrative Hearings.
Board Report
A written report to the accountancy board, timed against the 30 day rule and worded against the actual charging document.
The Criminal Case
Dismissal, reduction, deferred adjudication, plea or trial, each of which reads differently under Rules 501.90 and 501.91.
Later Orders
A deferred adjudication order or a judgment may be a new reportable event under the same rule.
- Where it is filed
- A misdemeanor DWI is filed in one of the Montgomery County Courts at Law and prosecuted by Montgomery County District Attorney's Office. A felony is heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, a separate building.
- Who makes the arrest
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are booked
- The Montgomery County Jail, run by the Montgomery County Sheriff's Office.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
ACAN is a different conversation from the board report. It is peer support for CPAs, exam candidates and accounting students who are struggling with alcohol, other substances, depression or stress. The Texas Society of CPAs runs it, the board endorsed it in 1992 and contributes funding, and what is said to ACAN is confidential by law. That confidentiality is also the limit: calling ACAN does nothing to satisfy Rule 501.91.
Next Steps
What Should A CPA Do After A DWI Arrest?
Two clocks start together in the first days after an arrest. These steps are general information, not advice for any one person.
Count 15 And 30 Days
Count 15 days from the notice of suspension and 30 days from when you knew of a reportable event.
Get The Court Papers
Obtain the citation, charging document and bond papers, since a report is built from them.
Keep The Report Narrow
Limit any report to the event, the case number, the court and the county, with no narrative.
Review Signed Documents
Check engagement letters, partnership agreements and insurance policies for notice duties.
Know About ACAN
Learn what the peer program offers and how it differs from a board report.
Stay Off Social Media
Do not post about the arrest or the case.
A written report cannot be recalled, and its wording can matter later. Mitchell Law Firm offers a confidential conversation about a CPA's DWI charge in Montgomery County. Talking before anything goes to the board keeps the ALR window and the 30 day rule in view.
Official Texas Sources
Read The Law Behind This Page
- Texas Occupations Code Chapter 901: Public Accountancy Act
- Texas Occupations Code Chapter 53: Licensing consequences of a criminal conviction
- Texas State Board of Public Accountancy: Rules of professional conduct, Chapter 501
- Texas Penal Code Chapter 49: DWI offense and definitions
- Texas Transportation Code Chapter 524: Administrative license suspension and the ALR hearing
- Texas Code of Criminal Procedure Chapter 42A: Community supervision and deferred adjudication
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe 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 Conroe, TX
Every licensing board sets its own reporting trigger. These pages cover the other professions and the charges around them. See the full DWI defense overview for Conroe.
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 Montgomery 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
CPA License DWI Questions People In Conroe Ask
When does a DWI charge in Conroe, TX count as filed for a CPA's 30 day report?
Board Rule 501.91 lists the filing of criminal charges for a crime involving alcohol abuse as a reportable event and allows 30 days from knowledge of it. The arrest and the filing of a charging document in a Montgomery County Court at Law are separate events that can fall on different dates. The court's record shows the filing date, and the rule's wording, read against that record, sets when the count begins.
Does a refused breath test in Montgomery County change what a CPA reports?
Rule 501.91 is written around charges, convictions and deferred adjudication, not test results. During a No Refusal period a refusal can still lead to a blood draw under a warrant, and that lab report joins the criminal file. The board report concerns the reportable event itself, while the test evidence is tested in the criminal case.
Is a DWI a discreditable act for a Texas CPA arrested in Conroe, TX?
Board Rule 501.90 describes discreditable acts, and one of its examples is a criminal prosecution involving alcohol abuse that ends in a final conviction, deferred adjudication or community supervision. A DWI that ends in one of those results falls within that example, which makes it a conduct question under the board's rules as well as a reporting one.
Does contacting ACAN satisfy a CPA's duty to report a DWI in Montgomery County?
The Accountants Confidential Assistance Network is a peer assistance program run by the Texas Society of CPAs, and communications with it are confidential by law. It is a separate step from the written report that Rule 501.91 calls for. Taking part in ACAN does not take the place of that report, and the reporting duty stays with the licensee.
Can one DWI in Conroe, TX create more than one report for a CPA?
Rule 501.91 names the filing of charges, a conviction and the imposition of deferred adjudication as separate reportable events. A DWI that begins with a filed charge and later ends in deferred adjudication or a conviction can present more than one listed event, and the rule measures each one from the licensee's knowledge of it.
Does a DWI affect a CPA exam candidate in Montgomery County?
Candidates go through a background review with the Texas State Board of Public Accountancy before certification, and the board applies its rules on criminal history to that review. What a candidate has to disclose is set out in the board's application requirements, which are read against the court record of the case.
Mitchell Law Firm, PLLC
Two Clocks Are Already Running
The license hearing deadline and the board's 30 day rule both started with this case. Call before either one closes.
Conroe Office
