Healthcare Professionals

Driving while intoxicated (DWI) is a serious criminal offense under Texas law. While it’s normally a victimless crime, the consequences can have quite an impact on your life. Especially if you’re working in the healthcare profession. The State Board of Medical Examiners can impose disciplinary action if you’re criminally charged with DWI.

The Texas Board of Medical Examiners oversees the licensing surrounding healthcare professionals. A variety of medical-related fields are licensed by the Texas Medical Board including nurses, physicians, acupuncturists and surgical assistants. If you’re convicted of a DWI, the board could possibly have your license suspended or even revoked.

Attorney for Doctors and Nurses in Houston, Texas

Are you licensed by the Texas Medical Board and have recently been charged or convicted of DWI? If so, it’s imperative you obtain legal representation as soon as possible. You won’t only be saddled with criminal penalties, but your career could be at risk.

Call the attorneys at [firm] for quality legal counsel. Our attorneys have years of experience defending people accused of DWI. We can assess your charges to implement a strong defense plan. Don’t agonize over this for another moment. Contact us today at [phone] for a case evaluation.

[firm] accepts clients throughout the Houston area and surrounding communities including Pasadena, Magnolia Park, River Oaks and Bellaire.

Overview of Healthcare Professionals with DWI


Careers Licensed by the Texas Medical Board

The Texas Board of Medical Examiners manages the licensing for the majority of healthcare occupations. The board also handles disciplinary proceedings for medical professionals with a criminal history. Listed below are some professions regulated by the Texas Medical Board.

  • Physicians;
  • Provisional license physicians;
  • Faculty temporary licenses;
  • Acupuncturists;
  • Out-of-state telemedicine licenses;
  • Public health licenses;
  • Conceded eminence licenses;
  • Military limited volunteer license;
  • Administrative medical licenses;
  • Physician assistant;
  • Respiratory care practitioner; and
  • Non-profit health organizations.
  • Medical radiologic technologist;
  • Acudetox specialist;
  • Surgical assistant;
  • Medical physicists; and
  • Perfusionists

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DWI Consequences for Nurses and Doctors in Texas

Disciplinary proceedings by the Texas Medical Board are regulated by the Occupational Code and the rules of the board. Board Rule §190.8 states you could have your license suspended or revoked if you were indicted or convicted for any of the following:

  • A felony crime;
  • A misdemeanor involving moral turpitude;
  • A crime involving diversion or substance abuse;
  • A felony or misdemeanor which directly relates to the duties of your profession

You can find misdemeanors involving moral turpitude in the Texas Administrative Code. Fortunately, driving while intoxicated isn’t listed as a misdemeanor with moral turpitude. However, a crime could also be considered to have moral turpitude if it negatively reflects your honesty, trustworthiness or fitness to practice.

Not every DWI case is evaluated in the same way. Some licensed healthcare professionals retain their license after a DWI conviction because the board believes the crime didn’t reflect the person’s career. In other cases, the board might consider a DWI conviction grounds enough for suspension or revocation because it negatively affects the healthcare profession.

The Texas Medical Board reviews the following factors to determine if a DWI requires disciplinary action.

  • The offense arose out of the medicine practice;
  • You were arrested on or around your practice location;
  • The crime involved a patient or former patient;
  • The DWI involved another healthcare professional in which you have a professional relationship with;
  • There was use, sale or distribution of a controlled substance involved; or
  • If billing for your medical service was somehow involved in the DWI.

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Aggravating Factors for Medical Board Disciplinary Proceedings

If certain factors are present in your DWI, the board may impose harsher consequences. These are referred to as aggravating factors. The Texas Medical Board has the burden of proving the existence of aggravating factors in your DWI. Listed below are the aggravating factors set forth by the Texas Board of Medical Examiners.

  • A patient or patients were harmed during the DWI;
  • If there were injuries and how serious those injuries were;
  • How many times the board rules and Occupational Code were violated;
  • If any property damage happened and the extent of the economic harm;
  • You attempted to conceal the DWI from the board;
  • The DWI was premediated, knowing, intentional or came from gross negligence;
  • If you have a history of violating board or Occupational Code rules;
  • If the board has imposed disciplinary actions to you before; or
  • Any other relevant information that increases the severity of the crime

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Texas Medical Board Hearings for DWI

If you’re convicted of DWI, then you may be asked to attend a disciplinary board hearing by the Texas Medical Board. At the hearing the board will hear the evidence of your DWI and then deliberate if it warrants disciplinary action. You will be given at least a 10-day notice before board proceedings.

Your Medical Board hearing will be composed of two members of the board or the District Review Committee.  One of these members is required to be a physician and the other must be a public member. The board will be able to hear the details of your DWI, allegations and your defense as to why you should retain your license.

Disciplinary action proceedings by the Texas Medical Board can be complicated. You could be required to attend multiple hearings for your initial DWI charges and final conviction. It’s imperative you’re prepared before jumping into these hearing with quality legal representation.


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Criminal Penalties for DWI in Texas

It’s natural to be worried about your career if you have DWI charges. However, the criminal penalties also demand your attention. A DWI conviction can lead to serious consequences including fines and potential jail or prison time. The chart below lists the potential penalties of a DWI conviction in Texas.

Number of Offenses: Offense Level: Jail/Prison Time: Fine:

First Offense

Class B Misdemeanor Minimum of 72 hours in jail; maximum of 180 days in jail

$2,000

Second Offense

Class A Misdemeanor Minimum of 30 days in jail; maximum of 12 months in jail.

$4,000

Third Offense

Third-Degree Felony Minimum of 2 years in prison; maximum of 10 years in prison.

$10,000

DWI charges are unique because they usually come with additional conditions. The judge may also impose the following:

  • Up to 200 hours of community service;
  • License suspension for up to two years;
  • Completion of a DWI Education Course;
  • Installation of an ignition interlock device;
  • Alcohol and substance abuse evaluation;
  • Rehabilitation treatment;
  • Monthly meetings with community supervision officer;
  • Random drug and alcohol screenings; or
  • Annual surcharges of up to $2,000 by the Department of Public Safety

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Additional Resources

Texas Medical Board Rules – Visit the official website of the Texas Secretary of State to learn more about the Texas Administrative Code (TAC). Access the code to learn more about the Texas Medical Board rules, disciplinary guidelines and more.

Texas Board of Medical Examiners – Visit the official website of the Texas Medical Board to learn more about healthcare licensing, current healthcare legislative updates, and answers to frequently asked questions.


DWI Attorney for Doctors and Nurses in Houston

If you or someone you know is a licensed healthcare professional and struggling with DWI charges, then it’s imperative you contact an attorney today. You must start building your defense as soon as possible. A DWI conviction could jeopardize your professional license by the Texas Medical Board.

Contact [firm] to speak to a skilled criminal defense attorney. Our attorneys will do everything in our power to protect your rights and livelihood. They have defended clients in disciplinary action proceedings and criminal court. Start your defense today with an attorney at [firm].

[firm] accepts clients throughout the Harris County area and surrounding communities including Tomball, Bellaire, Houston and River Oaks.


This article was last updated on March 11th, 2019.

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Driving While Intoxicated (Blood Draw .16)
Client had bond forfeited while case was pending for not being able to attend trial when Judge ordered us to be there due to his teaching job at Texas A&M University. When he finally...read more
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CLIENT TESTIMONIALS

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Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
A D
A D
October 19, 2023.
When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
Dylan
Dylan
October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
M J
M J
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
texasdiamonds
texasdiamonds
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.
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