Facing a DUI as a current or prospective nurse raises serious concerns about your future. Many in this position ask, “Can you be a nurse with a DUI on your record?” The answer depends on when the offense occurred, whether there is a pattern of alcohol- and/or drug-related arrests, and how the Texas Board of Nursing evaluates your overall character. At Lype, Dest & Smith, we’ve helped nurses across the state respond to these situations and protect their professional standing.
Yes, despite having a DUI on your record, pursuing a career as a nurse is typically still possible. Still, it can impact your ability to obtain or maintain a nursing license and may affect job prospects. The Texas Board of Nursing (BON) will review the offense closely, and depending on the severity and your specific circumstances, you may face disciplinary action such as suspension, revocation, or mandated treatment. The Board may also weigh your age at the time of the offense, whether anyone was harmed, and how well you complied with any court-ordered requirements.
The BON assesses every applicant’s “good professional character.” According to the BON’s licensure eligibility guidelines, you must disclose all arrests, charges, convictions, probations, and deferred adjudications except for Class C misdemeanor traffic violations (e.g. speeding tickets, expired registration, etc). Expunged or sealed offenses do not need to be disclosed, but it is the applicant’s responsibility to ensure that those processes have been legally finalized via court order. If your record is under an order of nondisclosure, the Board can still access it under Government Code Chapter 411 and may investigate it as a character issue.
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Most nursing programs conduct background checks before students begin clinicals or graduate. A single DUI may not automatically disqualify you, but it can delay progress or require additional documentation, such as a personal explanation or treatment/counseling records. For licensing, the BON considers the age of the offense, whether it was isolated, and any steps you’ve taken to address it. Demonstrating accountability and legal compliance is essential to moving forward.
If you’re applying for an LVN (Licensed Vocational Nurse) or RN (Registered Nurse) license and have a DUI on your record, the BON may require a Petition for Declaratory Order. This allows you to explain the circumstances, show proof of rehabilitation, and offer context before the agency reviews your full application. While not a guarantee of approval, it gives the Board a clear view of your growth and sense of responsibility.
You can continue practicing as a nurse after a DUI, but the Texas Board of Nursing may take disciplinary action. The Board evaluates how the incident reflects on your judgment and whether it poses a risk to patient safety or public trust.
Outcomes may include license restrictions, suspension, probation, or treatment requirements. Repeat offenses or DUIs involving injuries, impaired job performance, or failure to comply with legal orders are likely to result in stricter sanctions.
While a DUI can be a serious concern, it’s just one of several issues that may put a nurse’s license at risk. Other common reasons nurses lose their nursing license include substance misuse, falsifying records, neglecting patient care, or violating professional boundaries. Understanding these risks helps nurses take preventive steps and maintain compliance with Texas Board of Nursing standards.
Yes, you must report to the BON on your next license renewal. Under the Texas Occupations Code, employers and nurses have a duty to report certain conduct to the BON. According to the Texas Board of Nursing discipline FAQ, this includes suspected impairment due to drugs or alcohol in colleagues. Whether a nurse must report a DUI to their employer will depend on the employer’s specific policies.
Failure to report your own offense or dishonesty during disclosure can lead to more severe disciplinary action. While some employers may not require formal reporting, the BON can still independently access your criminal history.
Legal guidance can help you avoid missteps and present your case effectively. A nursing license defense attorney can also assist in navigating Board procedures and timelines. Early legal guidance also helps you gather the right documentation, avoid procedural errors, and position your case in the best possible light from the start. A nursing license defense attorney can:
At our firm, we’ve supported many nurses facing DUI-related licensing issues. With the right legal strategy, you can be a nurse with a DUI on your record, especially when your response shows growth, compliance, and commitment to your profession.
A DUI doesn’t have to end your career. If you have questions about whether you can you be a nurse with a DUI on your record, Lype, Dest & Smith assists nurses throughout Texas to safeguard their licenses, protect their reputations, and confidently move forward.
For a private consultation with a nursing license defense attorney who understands the gravity of the situation, call 512-881-3556.
Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.
Years of experience: 15 years
Justia Profile: Dan Lype
Bar number: 24065658
Location: Austin, TX
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