A nursing license is more than a credential—it is the foundation of a nurse’s career, reputation, and livelihood. When the Texas Board of Nursing receives a complaint or learns of a criminal arrest such as DUI or drug possession, the stakes become immediate and severe. The Board has the power to suspend or revoke a license, even before a criminal case is resolved. In these moments, hesitation can cost a career. A nurse in this position should get help from an experienced criminal defense attorney without delay. Early legal intervention allows for the protection of rights, the careful management of information, and the development of a strategy that addresses both criminal and licensing threats simultaneously.
Texas Nurse License Defense Lawyer
Are you a licensed nurse who was recently arrested for a DWI in the greater Travis County area? If so, it is highly recommended that you contact a practiced criminal defense attorney. The Law Office of Kevin Bennett has years of experience in formulating defenses to avoid license revocation. Kevin Bennett has compassion for his clients and understands that mistakes do happen. The Law Office of Kevin Bennett understands the amount of passion, work, and money that goes into receiving a nursing license. Kevin Bennett wants to preserve that for you.
Kevin Bennett has represented clients throughout the greater Travis County and Williamson County area and surrounding cities including San Marcos, West Lake Hills, Pflugerville, Bastrop, Austin, Georgetown, and Lockhart. Call (512) 476-4626 or submit an online contact form today.
In the following sections, The Law Office of Kevin Bennett outlines what nurses should know about facing criminal charges, including the potential penalties, possible Board of Nursing sanctions, and how an Austin nurse license defense lawyer can protect their rights and represent them throughout the process.
Overview of Nursing License Defense in Texas
- Why Criminal Arrests Threaten a Texas Nursing License
- What Happens After a DUI Arrest for a Nurse
- Drug Charges and Board Action
- Mandatory Reporting and Self-Disclosure Duties
- Coordinating Criminal Defense and BON Defense
- Evidence, Testing, and Admissions in DUI/Drug Cases
- Potential BON Outcomes in Criminal-Linked Cases
- Substance-Related Support and Alternative Paths
- Why a Nurse License Defense Lawyer Makes a Difference
- Frequently Asked Questions About Nurse License Defense in Texas
- Supporting References
Why Criminal Arrests Threaten a Texas Nursing License
A criminal arrest for driving while intoxicated (DWI/DUI) or possession of a controlled substance can prompt action by the Texas Board of Nursing (BON). Under Texas Occupations Code §§ 301.402 and 301.405, certain conduct must be reported to the BON by the nurse, an employer, or law enforcement. Once notified, the BON looks at whether the facts point to violations of the Nursing Practice Act (Texas Occupations Code Chapter 301) or rules like Texas Administrative Code (TAC) § 217.12 on unprofessional conduct, which includes drug diversion and other dishonest acts. The criminal court decides guilt; the BON decides if the conduct shows risk to patients or the public and whether discipline is warranted even without a conviction.
What Happens After a DUI Arrest for a Nurse
Immediate Risks to Employment and Licensure — An arrest for DWI triggers parallel tracks: the criminal case in court and an administrative review by the BON. Even if the criminal case is reduced or dismissed, the BON can still investigate whether alcohol-related conduct reflects an “inability to practice safely,” which the Board treats seriously under TAC § 217.12’s focus on conduct that may endanger a client’s life, health, or safety. A nurse may face employer suspension while the case unfolds, and the Board can open an investigation based on arrest reports, chemical test results, or refusal evidence from the stop.
How Timing and Statements Can Backfire — Anything said in the criminal case can be obtained and used in the BON matter, and vice versa. Voluntary statements, treatment records, or social media posts can complicate both cases. A lawyer helps keep disclosures consistent, preserves Fifth Amendment considerations where appropriate, and prevents avoidable conflicts between the two tracks.
Drug Charges and Board Action
Possession, Diversion, and Fitness to Practice — An arrest for possession of a controlled substance, prescription fraud, or alleged diversion of meds can lead the BON to analyze whether the nurse’s conduct falls under TAC § 217.12, including “drug diversion,” falsification, or other misconduct connected to nursing. Even personal-use possession that occurs off duty can raise fitness-to-practice concerns if the facts suggest an ongoing impairment risk. While criminal courts focus on the elements of the offense, the BON looks at public protection and can impose monitoring, testing, or restrictions if the Board believes there is a safety risk.
Deferred Adjudication, Dismissals, and Expunctions — A favorable criminal outcome does not automatically end licensing risk. The BON may still act on the underlying conduct. Where records are sealed or expunged, the Board might still require disclosure. A lawyer can evaluate whether specific disclosure duties apply after non-conviction outcomes to avoid a separate allegation of providing false or misleading information.
Mandatory Reporting and Self-Disclosure Duties
What Must Be Reported and by Whom — Texas Occupations Code § 301.405 requires employers to report certain disciplinary actions tied to practice concerns, which can include discipline connected to criminal allegations. Texas Occupations Code § 301.402 covers other reporting to the BON. When a DWI or drug offense occurs, an employer may report, and in some situations the nurse may have a duty to self-report. Failing to report when required can become a separate problem that suggests dishonesty.
How to Disclose Without Self-Inflicting Damage — Proper disclosures are accurate, limited to what the law requires, and consistent with the defense strategy. A lawyer can review the timing, the exact questions asked, and the documentation to be attached. Unnecessary detail or speculative explanations can create new issues; conversely, incomplete answers can be framed as misleading. Getting this balance right is crucial.
Coordinating Criminal Defense and BON Defense
One Strategy for Two Systems — The criminal case has a high burden of proof and strict evidence rules; the BON uses administrative standards that are easier for the state to meet. A coordinated plan addresses both timelines: criminal arraignment and pretrial settings on one side; BON intake, investigation, and proposed orders on the other. A lawyer can decide when to provide records, when to request continuances, and whether to seek an agreed order with tailored conditions that won’t undercut the criminal defense.
Protecting the Record and the License — In some DWI and drug cases, targeted evaluations (like substance-use assessments) and early compliance steps (testing, counseling) help show current fitness to practice without conceding criminal liability.
Evidence, Testing, and Admissions in DUI/Drug Cases
What Evidence the Board Actually Cares About — The BON focuses on indicators of ongoing safety risk: chemical test results, refusal evidence, crash reports, prior alcohol or drug incidents, and any connection to practice. The Board may scrutinize patterns, not just a single event. For drug cases, pharmacy logs, access records, witness statements, and documentation practices can become central. Where lab accuracy, chain of custody, or probable cause is weak, that weakness can be documented by a lawyer for both the court and the BON.
Managing Evaluations and Treatment Without Over-Admitting — Voluntary assessments can show responsibility, but paperwork often includes sensitive statements. A lawyer can review forms before completion to avoid unnecessary admissions that could be misread by the BON. If treatment is appropriate, documenting objective progress—negative tests, attendance, completion certificates—helps address safety concerns.
Potential BON Outcomes in Criminal-Linked Cases
From Dismissal to Restrictions or Revocation — Depending on the facts, outcomes range from case closure to remedial steps, fines, warnings, probationary terms (testing, counseling, work restrictions), suspension, or revocation. TAC § 217.12 allows the BON to act without proof of patient injury, focusing on risk. Cases often resolve through an agreed order; contested cases proceed to the State Office of Administrative Hearings for a judge’s proposal and then final Board action.
How Remedial Education and Monitoring Fit In — When the concern is competency gaps rather than dishonesty or ongoing substance risk, remedial education under TAC § 217.21 may be ordered. Where substance use is implicated, structured monitoring or referral can be a condition of continued practice.
Substance-Related Support and Alternative Paths
In drug and alcohol cases tied to suspected impairment, the Board may consider referral options or monitoring designed to protect patients while allowing the nurse to work. Thoughtful timing—securing evaluations, beginning appropriate support, and documenting compliance—can improve the outcome in this area.
Why a Nurse License Defense Lawyer Makes a Difference
Taking Control Before Damage Is Done — The first hours and days after a DWI or drug arrest are critical. A nurse who tries to “wait and see” often makes statements to police, employers, or the Texas Board of Nursing (BON) without realizing how those words can be used. Early legal representation means every communication is filtered through someone who understands both the criminal justice process and the BON’s regulatory system. This prevents self-incrimination, preserves defenses, and stops minor missteps from becoming career-ending evidence.
Managing Disclosures Under Texas Law — Certain laws, including Texas Occupations Code §§ 301.402 and 301.405, require that specific criminal conduct be reported to the BON. An attorney knows exactly what must be disclosed, when it must be disclosed, and how to present the facts to comply with the law without offering extra information that could be twisted into an admission. By structuring disclosures around the risk factors in Texas Administrative Code (TAC) § 217.12, a lawyer can address the BON’s safety concerns while protecting the nurse’s criminal defense.
Coordinating Criminal and Licensing Strategies — A DUI or drug case often runs on a different schedule than the BON investigation, and evidence in one can bleed into the other. Without a lawyer’s help, a statement meant to help in court can damage the license case, or vice versa. An experienced lawyer aligns both defenses, decides when to release information, and ensures that any settlement with the BON does not undercut the criminal defense.
Securing Outcomes That Protect the Future — The ultimate goal is to minimize criminal exposure and secure BON terms that allow the nurse to keep working. With legal counsel guiding every step, many nurses successfully handle the combined pressures of court and Board without losing their license, their job, or their professional reputation.
Frequently Asked Questions About Nurse License Defense in Texas
What does a nurse license defense lawyer do in Texas?
A Texas professional license defense lawyer protects nurses facing criminal charges and Texas Board of Nursing (BON) action. They coordinate court and licensing defenses, manage disclosures, challenge evidence, and work to prevent suspension or revocation of the nursing license.
When should a Texas nurse hire a license defense attorney?
A Texas nurse should hire an attorney immediately after a DUI, drug possession, or related arrest. A lawyer protects nurses’ legal rights, controls information shared with the BON, and develops a defense strategy before damaging mistakes or admissions occur.
Can a nurse license defense lawyer handle both criminal and BON cases?
Yes. Many defense lawyers handle both the criminal case and BON proceedings together, ensuring consistent strategies, avoiding conflicting statements, and aiming for resolutions that protect the nurse’s ability to keep practicing despite the charges.
How can a Texas nurse fight a license suspension after a DUI?
By working with a lawyer who challenges BON evidence, presents mitigating factors, and negotiates alternatives like remedial education or monitoring. Coordinated defense can protect the nurse’s license while the criminal DUI case is resolved in court.
What laws apply to Texas nurse license defense after criminal charges?
The Nursing Practice Act, Texas Occupations Code Chapter 301, and Texas Administrative Code §§ 217.11, 217.12, plus §§ 301.402–301.405 govern reporting, investigations, and discipline when nurses face criminal arrests such as DUI or drug possession in Texas.
Can a Texas nurse lose their license for a DUI arrest?
Yes. Even without conviction, a DUI arrest can prompt BON discipline under §§ 301.402 and 301.405 if the Board decides the incident shows unsafe practice, alcohol misuse, or inability to safely perform nursing duties.
Do drug charges automatically lead to Board of Nursing discipline?
Not automatically, but drug charges often trigger mandatory reporting and BON review. The Board evaluates whether the alleged conduct, including possession or diversion, shows impairment risk or violates TAC § 217.12’s unprofessional conduct rules.
Can the BON act if criminal charges are dismissed?
Yes. The BON may still investigate underlying conduct and impose discipline if it violates the Nursing Practice Act or TAC § 217.12, even when the criminal court dismisses or reduces the charges.
How long does a BON investigation take after a DUI or drug arrest?
Most BON investigations take five to twelve months, but complex or contested criminal-linked cases may last longer. Outcomes, including discipline, usually remain permanently on the nurse’s licensure record and are publicly reported.
What happens if a nurse fails to report a criminal arrest?
Failing to self-report when required by §§ 301.402 or 301.405 can lead to separate BON discipline for dishonesty. A lawyer can determine if reporting is required and handle it without unnecessary self-incrimination.
Can a lawyer reduce the risk of losing a license?
Yes. A lawyer manages disclosures, aligns criminal and BON defenses, and prevents harmful admissions. This increases the chance of keeping the license while resolving the DUI or drug case favorably in court.
What evidence does the BON review in DUI cases?
The BON may review arrest reports, chemical test results, witness statements, prior incidents, and any connection to nursing duties to determine if the nurse poses a safety risk under TAC § 217.12.
Can a nurse work while under BON investigation for DUI or drugs?
Often, yes, unless the BON imposes temporary restrictions. However, employers may act independently. A lawyer helps handle both BON conditions and employer concerns.
Are BON disciplinary actions public in Texas?
Yes. Most BON actions are public, appear in the Board’s newsletter, and are reported to the National Practitioner Data Bank, which can affect job prospects and credentialing nationwide.
Why shouldn’t a nurse face the BON alone after an arrest?
The BON process is complex, with strict rules and overlapping criminal issues. Without a lawyer, a nurse risks license loss, damaging admissions, and harsher outcomes than necessary.
Supporting References
Texas Legislature — Texas Occupations Code Chapter 301 — This source provides the full text of the Texas Nursing Practice Act under Chapter 301 of the Texas Occupations Code. It outlines definitions, the authority and structure of the Texas Board of Nursing, licensing provisions, standards, and regulatory powers.
Texas Board of Nursing — Discipline & Complaints — This source explains how the Texas Board of Nursing handles complaints and disciplinary actions against nurses. It includes information on the types of conduct that can lead to complaints, how to file them, what details to provide, and how the process works.
Texas Administrative Code — § 217.12: Unprofessional Conduct — This source defines unprofessional conduct for nurses in Texas and lists behaviors that may lead to disciplinary action. It covers unsafe practices, misconduct, drug-related offenses, boundary violations, failure to follow laws and board orders, and other prohibited actions.
Texas Penal Code Chapter 49 — This section of the Texas Penal Code defines intoxication-related offenses, including driving, boating, or flying while intoxicated, public intoxication, and possession of alcohol in a motor vehicle. It explains penalties, enhanced offenses, and conditions for suspension.
Texas Department of Licensing & Regulation — Alcohol, DWI and Drug Education Course Providers — This database lists approved course providers for court-ordered alcohol, DWI, and drug education in Texas. Users can search by course type, location, or provider name. It includes provider contact details and available course formats.
Hire a Nursing License Revocation Lawyer in Austin, Texas
If you are a nurse who has been charged with a DUI or other criminal offense in Texas, you need the best legal representation possible to protect your professional license. Contact Kevin Bennett today to discuss the circumstances surrounding your charges in Travis County, Pflugerville, Lago Vista, Lakeway and the surrounding areas. As a qualified criminal defense attorney, Kevin Bennett will thoroughly review the facts surrounding your case, and use his knowledge of Texas DWI law and criminal legal procedure to weaken the prosecution’s case.
