Nursing License DWI Lawyer In Conroe, TX
Registered nurses, LVNs and advanced practice nurses in Texas answer to the Texas Board of Nursing, whose rules name crimes involving alcohol as related to nursing practice. A DWI arrest puts a nurse in front of the court first and the board after. This page covers the board's powers, peer assistance, the penalties and how to handle both cases.
How Does A DWI Affect A Nursing License In Texas?
A DWI is prosecuted under Penal Code § 49.04 and may also be reviewed by the Texas Board of Nursing. Under Occupations Code § 301.452 the board can act on a conviction or deferred adjudication, or on intemperate use of alcohol that endangers or could endanger a patient. Board rule 22 TAC § 213.28 treats alcohol crimes as related to nursing practice.
Source: Texas Occupations Code Chapter 301, Nursing Practice Act
Understanding Texas Law
How Does The Texas Board Of Nursing Treat A DWI?
The Texas Board of Nursing licenses RNs, LVNs and advanced practice registered nurses under the Nursing Practice Act, Chapter 301 of the Occupations Code. Its rules are in Title 22, Part 11 of the Texas Administrative Code.
Its criminal history rule, 22 TAC § 213.28, places crimes involving alcohol among the offenses the board considers related to nursing practice. A nurse cannot treat a DWI as a private driving matter that stays away from the license.
The same rule also gives a nurse room. It says the board recognizes that a person can make a mistake and not repeat it, and that each case is judged on its own merits. Where criminal conduct is connected to a substance use disorder, the board may ask for evidence of sobriety and ongoing treatment. A merits review puts the evidence in the criminal case at the center of both proceedings.
The grounds in § 301.452 that matter after a DWI:
- Section 301.452(b)(3): a conviction or deferred adjudication for a felony, or for a misdemeanor involving moral turpitude
- Section 301.452(b)(9): intemperate use of alcohol or drugs that the board decides endangers or could endanger a patient
- Section 301.452(b)(10): unprofessional conduct, as the board's rules define it
The statute says intemperate use includes practicing nursing, or being on duty or on call, while under the influence of alcohol or drugs. It also directs the board to adopt guidelines so that arrest information is used consistently, fairly and only to the extent the underlying conduct relates to nursing.
The board can learn of a DWI from a renewal answer, an employer's report or a criminal history search. The Chapter 53 framework under every Texas license is covered on the licensed professionals page.
Penalties And Consequences
What Are The Penalties For A Nurse's DWI In Texas?
A nurse's DWI is prosecuted like anyone else's. What differs is the second file the board keeps and the range of endings it can reach. These are statutory limits and board options, not predictions.
Up to $4,000 for a Class A.
Counted from receipt of the notice.
- The charge
- Class B misdemeanor under Penal Code § 49.04 on a first offense. Class A with a result of 0.15 or higher, or on a second offense.
- Board authority
- Occupations Code § 301.452, with sanctions set out in the Disciplinary Matrix at 22 TAC § 213.33(b).
- Criminal history rule
- 22 TAC § 213.28 lists crimes involving alcohol as related to nursing practice.
- Board outcomes that exist
- Dismissal of the complaint, remedial education, an agreed order with stipulations, probation of the license, suspension or revocation.
- Peer assistance
- TPAPN, the Texas Peer Assistance Program for Nurses, an independent program that works under contract with the board.
- Deferred adjudication
- Named separately in § 301.452, and § 53.021(e) removes the general deferred protection for public health licenses.
The board looks at the facts behind the charge, not only the label on the judgment. A result of 0.15 or higher, a crash or a refusal on the record all show up in the file the board requests. A second offense raises both the criminal range and the board's concern.
Real Questions
What Do People Ask About A Nurse's DWI In Texas?
What does TPAPN ask of a nurse, and is joining wise?
Do RNs and LVNs face different rules?
Can a refused breath test still produce evidence the board reads?
Can a DWI arrest cost me a job even if the board takes no action?
Can an expunction or nondisclosure help a nurse?
Possible Defenses
How Can A Nurse's DWI Be Defended?
The evidence review in the criminal case counts twice. Testing the stop, the field sobriety tests and the blood or breath result is how the charge itself is defended, and whatever survives that review is what the board reads. No result can be promised.
An attorney also looks at how the final outcome will read to the board, since a dismissal, a reduction and a deferred adjudication fall under different rules.
A nurse's schedule can look like impairment.
Long shifts and short sleep come with nursing. Fatigue can affect balance, speech and eye movement in ways an officer may read as impairment. A field sobriety test has a written protocol, and video can show whether it was followed.
This is an example, not a real case: a nurse is stopped after a double shift with no alcohol involved, and the officer notes slow speech and poor balance. The question for the court is whether the evidence shows alcohol or only tiredness.
The Stop
Was there a lawful reason to stop the nurse's vehicle?
The Roadside Tests
Were the tests given and scored as the training protocol requires?
The Sample
Was the breath or blood sample taken, stored and tested properly, and if a warrant was used, does its affidavit hold up?
Wording Of The Result
Which outcome fits the board's rules best, and what will the judgment say?
The Board's Questions
What does the current renewal form ask, and does the answer change with the outcome?
The Fitness Record
What work history, references and treatment records show the nurse is fit to practice?
Local Process
What Happens After A Nurse's DWI Arrest In Montgomery County?
The criminal case follows the Texas misdemeanor process, and the board's file follows the Nursing Practice Act and board rules. The court, prosecutor and jail below are specific to Montgomery County.
The ALR Request
An ALR hearing request protects the license to drive to a hospital or clinic. It goes to the Texas Department of Public Safety, and the hearing is before the State Office of Administrative Hearings. It is due within 15 days after the notice of suspension is received.
The Board Question
Read the criminal history questions on the current renewal form, and the board's reporting rules, before anything goes to Austin.
The Criminal Case
Dismissal, reduction, deferred adjudication or conviction sets which of the board's rules apply.
- 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.
- Felony cases
- Heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St and prosecuted by the Montgomery County District Attorney's Office.
- 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.
- Booking
- The Montgomery County Jail at 1 Criminal Justice Drive.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should A Nurse Do After A DWI Arrest?
A nurse answers to a court and a board at the same time, so the order of steps matters. This list is general information, not advice for any one person.
Count 15 Days
Find the date on the notice of suspension and ask about an ALR hearing before the deadline.
Read The Renewal Form
Pull the current criminal history questions and read them word for word.
Hold The Explanations
Do not send an explanation to the board or an employer before the case has been reviewed.
Learn About TPAPN
Understand what the program asks, including its monitoring terms, before deciding anything.
Keep Court Papers
Keep every document from the arrest, the bond and the court. The board may ask for them.
Protect Your Work Record
Gather references and performance records. Boards weigh evidence of fitness.
Speak with a lawyer before you answer questions from the court or the board. Mitchell Law Firm offers a confidential conversation about a nurse's DWI arrest, and an early call keeps the most options open on both files.
Official Texas Sources
Read The Law Behind This Page
- Texas Occupations Code Chapter 301: Nursing Practice Act, including § 301.452 and § 301.410
- Texas Occupations Code Chapter 53: Consequences of criminal conviction
- Texas Health and Safety Code Chapter 467: Peer assistance programs
- Texas Penal Code Chapter 49: DWI offense and enhancements
- Texas Transportation Code Chapter 524: Administrative license suspension and the ALR hearing
- Texas Board of Nursing
- Texas Peer Assistance Program for Nurses (TPAPN)
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
Other healthcare professions sit under different boards with different rules. These pages cover 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
Nursing License DWI Questions People In Conroe Ask
Does the Texas Board of Nursing treat a DWI in Conroe, TX as related to nursing?
The board's criminal history rule, 22 TAC § 213.28, lists crimes involving alcohol among the offenses it considers related to the practice of nursing. The same rule states that each case is evaluated on its own merits, and that where criminal conduct is tied to a substance use disorder the board may ask for evidence of sobriety and ongoing treatment.
What sanctions can the Board of Nursing impose after a Montgomery County DWI?
Occupations Code § 301.452 allows the board to deny, limit, suspend or revoke a license, and the Disciplinary Matrix at 22 TAC § 213.33(b) sets out the range of sanctions it applies. Outcomes that exist in the board process run from dismissal of the complaint through remedial education, an agreed order with stipulations, probation of the license, suspension and revocation.
Is deferred adjudication on a DWI in Conroe, TX a conviction to the Board of Nursing?
Occupations Code § 53.021(c) generally keeps a completed deferred adjudication from counting as a conviction, but § 53.021(e) says that protection does not apply to a license for public health services. Section 301.452 of the Nursing Practice Act also names deferred adjudication on its own, which gives the board authority to act on a deferred order just as it would on a conviction.
Does TPAPN report a nurse from Montgomery County to the Board of Nursing?
TPAPN, the Texas Peer Assistance Program for Nurses, is independent of the board but works under a contract with it. Taking part can serve as an alternative to formal discipline for an eligible nurse. The program reports to the board if a participant is noncompliant, has a positive test, withdraws or leaves the state, so participation carries obligations of its own.
Can a nursing student with a DWI in Conroe, TX ask about eligibility early?
Occupations Code § 53.102 allows a person enrolled in, or planning to enroll in, an educational program to ask a licensing authority for a criminal history evaluation letter stating whether the record is grounds to deny the license. The board also examines an applicant's criminal history under 22 TAC § 213.28 before a license issues.
Can my employer in Montgomery County report me to the nursing board after a DWI?
A person required under the Nursing Practice Act to report a nurse suspected of being impaired by chemical dependency or mental illness may report to a board approved peer assistance program in place of the board, under § 301.410(a). A report that a nurse committed a practice violation must go to the board. Whether a DWI alone triggers a duty depends on the facts.
Mitchell Law Firm, PLLC
Your Shift Depends On Both Cases
The criminal case and the board review started the same night. Talk to a lawyer before answering questions from either one.
Conroe Office
