Can You Be a Teacher If You Have a DWI in Texas?| Benavides Law Firm

In Texas, educators are held to high standards of professional conduct, both inside and outside the classroom. This expectation extends beyond their teaching duties and into their personal lives. As a result, legal infractions can have major consequences on their professional careers and what goes on in their personal life.

One such infraction that can profoundly affect a teacher’s professional standing is Driving While Intoxicated (DWI). That’s why working with a Houston, Texas DWI defense lawyer is important for anyone who faces a DWI conviction or has been arrested for DWI.

Understanding a DWI in Texas

Before reviewing the consequences of a DWI for teachers, it’s essential to understand what constitutes a DWI offense in Texas.

Driving While Intoxicated (DWI) is a serious criminal offense that happens when a person drives a motor vehicle or boat and is impaired by drugs or alcohol. You’re officially considered intoxicated if your blood alcohol concentration or BAC is at least 0.08 percent. You may also be arrested if you’re unable to maintain the normal use of physical or mental faculties as a result of the consumption of alcohol or drugs.

The Role of the State Board for Educator Certification

In Texas, the State Board for Educator Certification (SBEC) plays a major role in overseeing the professional conduct of teachers. This body is responsible for certifying teachers and has the authority to impose disciplinary sanctions for various infractions, including criminal violations like DWI.

Immediate Consequences of a DWI for Teachers

When a teacher is arrested for DWI in Texas, they may face immediate consequences even before conviction. Many school districts have policies requiring employees to report arrests promptly. Failure to do so can lead to additional disciplinary action, separate from the consequences related to a DWI.

Upon learning of a DWI arrest, a school district may choose to place the teacher on administrative leave pending the outcome of the legal proceedings. This action is often taken to protect the school’s reputation and ensure students’ safety and well-being during an ongoing case.

The Potential for Job Loss

One of the most pressing concerns for teachers facing a DWI charge is the potential loss of employment. While a single DWI offense doesn’t automatically result in termination, it certainly puts a teacher’s job at risk. Texas is an at-will employment state, which means that employers, including school districts, have significant discretion in hiring and firing decisions.

Even if a school district doesn’t have an explicit policy mandating termination for a DWI conviction, they may still choose to end a teacher’s employment due to concerns about negative publicity, the teacher’s ability to serve as a role model for students, or potential liability issues.

The Impact of a DWI on a Teaching Certification

Beyond the immediate risk to current employment, a DWI can have lasting effects on a teacher’s career through its impact on their teaching certification. The SBEC has the authority to take disciplinary action against a teacher’s certification based on criminal convictions, including DWI.

For a first-time DWI offense, the SBEC may choose to impose disciplinary requirements rather than choosing to outright suspend or revoke a teaching certificate. These requirements often include mandatory drug or alcohol counseling, probationary periods, and other rehabilitative measures.

Teachers who fail to comply with these disciplinary requirements risk suspension of their teaching certificate, effectively rendering them ineligible for teaching positions in Texas public schools.

The SBEC views multiple DWI offenses more severely, especially within a short period. The board’s disciplinary rules focus primarily on teachers with two or more DWI violations within 12 months.

In such cases, or in instances of Felony DWI (which can occur with multiple offenses or if there are aggravating factors), the SBEC may impose more severe sanctions, including longer suspensions or even permanent revocation of a teaching certificate.

It’s important to note that the SBEC has discretion in how it handles each case. While guidelines exist, the board considers various factors when determining appropriate disciplinary action. These criteria may include the circumstances of the offense, the teacher’s overall record, and any steps taken toward rehabilitation.

Future Employment Prospects

Even if a teacher manages to retain their current position and teaching certificate after a DWI conviction, the offense can significantly impact future employment prospects. All educators in Texas are subject to criminal background checks before certification and employment.

These background checks, which include fingerprinting, reveal all criminal offenses regardless of when they occurred – unless the offense has been expunged from their record.

When applying for teaching positions, a DWI conviction on a background check can be a significant red flag for potential employers. School districts have varying policies regarding hiring individuals with criminal records, and many may be hesitant to hire a teacher with a DWI conviction. This is especially true for positions working directly with students.

Rehabilitation and Recovery

While the consequences of a DWI for a teacher in Texas can be severe, it’s important to note that a single offense doesn’t necessarily spell the end of a teaching career.

The SBEC and many school districts recognize the possibility of rehabilitation and may provide opportunities for teachers to demonstrate that they have addressed any underlying issues and recommitted themselves to their professional responsibilities.

It may involve completing substance abuse treatment programs, attending regular counseling sessions, submitting to periodic drug and alcohol screenings, and maintaining a clean record during a probationary period.

Teachers who complete these requirements and maintain exemplary professional conduct can mitigate the long-term impact of a DWI on their careers. However, it’s important to understand that this process requires significant time, effort, and dedication.

Prevention and Awareness

Given the severe consequences that a DWI can have on a teacher’s career in Texas, prevention and awareness are prioritized in school systems.

Many school districts and educational organizations offer resources and programs aimed at helping educators understand the risks associated with alcohol and drug use, as well as the heightened expectations placed on them as role models in their communities. These programs often emphasize the importance of making responsible choices and understanding the legal and professional consequences of DWI.

Some districts offer confidential employee assistance programs (EAPs) – programs that provide support and resources for teachers struggling with substance abuse issues who want to avoid legal troubles.

Legal Considerations – Working with a DWI Attorney is Imperative

For teachers facing DWI charges in Texas, seeking competent legal representation is of the utmost importance. An experienced DWI attorney can help get through the legal process, potentially mitigating the criminal impact of a DWI charge.

Additionally, a knowledgeable DWI defense attorney can advise you on the potential professional ramifications of different legal outcomes, helping you make informed decisions.

Protect Your Teaching License after a DWI, Call a Texas Defense Attorney

A DWI conviction can have far-reaching consequences for teachers in Texas, potentially impacting their current employment, future job prospects, and professional certification.

However, for teachers who do find themselves facing DWI charges, seeking a skilled DWI lawyer and fully complying with any imposed disciplinary requirements are vital steps in preserving their teaching license and career.

If you have been arrested for DWI, speak to a Houston, Texas criminal defense lawyer today. It’s a smart move for a teacher or anyone else to make.