How Doctors Can Protect Their Medical Licenses After a DWI

When a Doctor gets a DWI: Risks to your license

Being charged or investigated for driving while intoxicated (DWI) is always a nerve-wracking experience. Doctors, though, face unique challenges. As a doctor, you will face many additional penalties after a DWI. You may have to report to a medical board, and you may even fear losing your professional license. 

When a doctor is charged with driving under the influence, it is sometimes informally referred to as a ‘Dr. DWI’ in Texas. If you have been charged, your reputation and perhaps even your career and professional license are on the line. To ensure that you and your future are protected, it is critical that you speak with a League City DWI attorney as soon as possible.

What is a Dr. DWI?

Dr. DWIs are serious matters. The term was coined to refer to DWI charges that involve licensed medical professionals such as physicians, surgeons, dentists, and chiropractors. These individuals are often held to a higher legal and ethical standard because of their professional responsibilities. Even just one arrest for a healthcare professional can raise far more questions than the average person will face.

For doctors, the consequences of a DWI are much more than being taken into police custody or having their vehicle impounded. Even without a conviction, a DWI charge can result in hospital credentialing committees, reporting to medical boards, malpractice insurers, and even federal agencies when a doctor works with Medicaid or Medicare.

While other individuals may only have to concern themselves with a few court dates, doctors have much more to worry about. These include their income, career, and long-term ability to practice medicine.

How Do Dr. DWIs Differ from Other DWIs?

From a criminal defense standpoint, Dr. DWIs are not very different from other DWI cases. You may still be arrested, booked at the police station, attend an arraignment, and be criminally prosecuted. However, you will also face important differences if you have a license to practice medicine. These include:

  • The mandatory reporting requirement: In Texas, doctors must report a conviction for a DWI, adjudication, or participation in a pretrial diversion program to the Texas Medical Board (TMB) within 30 days of the court’s action. If you fail to meet this requirement, you may face even harsher penalties from the TMB, even if your DWI charges are dismissed.
  • Scrutiny from TMB: The legal outcome of your case is not the only fact the TMB will consider. The Board will also consider whether the behavior indicates unprofessional conduct or if it could impact patient care.
  • Revocation of privileges: Insurance panels, surgical centers, and hospitals may revoke or pause privileges if you have a DWI on your record. 
  • Complications when renewing license: You will likely have to answer questions regarding any arrests and convictions when renewing your medical license. Lying can result in disciplinary action or even an automatic denial.

Other DWIs may be treated as a one-time mistake. For doctors, though, the consequences are much harsher, and they also last longer. It is critical to speak to a League City DWI attorney who can help you avoid them.

Can You Lose Your Professional License Due to a DWI?

Yes, it is possible to lose your medical license due to a DWI conviction. However, this is not guaranteed. If your DWI did not include aggravating factors, such as if no one was hurt, you may not lose your license. The risk of losing your license is higher in certain situations. These include:

  • Felony DWI, due to repeat offense or injury
  • Refusing to cooperate with investigations by the Board
  • Substance abuse that impacts clinical performance
  • Unprofessional conduct during the arrest, or after

If you can show that you accept responsibility for your actions, that it was an isolated incident, and follow directives from the Board, you can often retain your professional license under certain conditions.

Do You Have to Report to the National Practitioner Data Bank?

The National Practitioner Data Bank (NPDB) is a federal database that keeps track of certain actions taken against medical professionals. Not every Dr. DWI is reported to the NPDB, but there are times when a case may be reported. These include when:

  • The TMB has taken disciplinary action
  • Your hospital or clinical privileges were suspended
  • Your conviction resulted in professional sanctions

It is not automatically career-ending if your case is reported to the NPDB. However, if you leave Texas and want to practice medicine in another state, the incident will follow you and can make it more challenging when you apply for another license, job, or hospital affiliations.

How to Protect Your Professional License After a Dr. DWI

You have worked hard for many years to obtain a medical license and establish your practice. It is important to take certain steps to protect your license and your future career. These include:

  • Report promptly and honestly: Staying silent about your conviction or trying to conceal it is seen as very unethical by medical boards. You can build trust by being transparent about your case.
  • Enroll in voluntary monitoring or counseling: Showing initiative by enrolling in counseling or monitoring voluntarily can make a significant difference in the Board’s outcome.
  • Collect character references: Asking colleagues, supervisors, and possibly patients, if appropriate, can also show your true character and that you made a mistake you will not make again.
  • Immediately follow all court orders: It is important that you pay all fines and complete all courses and community service as soon as possible. 
  • Contact a League City DWI attorney: Although most criminal defense attorneys handle DWIs, not all of them are familiar with Board processes and licensing procedures.

Call Our DWI Attorney in League City to Protect Your License

If you are a doctor and are now facing charges, our League City DWI attorney can help. At The Law Offices of Tad Nelson, our seasoned attorney knows the steps to take with the Board and throughout your case to protect your medical license and your future. Call us now at 281-206-8013 or fill out our online form to schedule a consultation and to learn more about how we can help.

The post How Doctors Can Protect Their Medical Licenses After a DWI appeared first on The Law Offices of Tad Nelson & Associates.



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