(732) 582-5076When a DWI Conviction is Just Not an Option
Commercial drivers in New Jersey, drivers with professional licenses or security clearances, and those who use company vehicles cannot risk a conviction for driving while intoxicated (DWI). If you are charged with DWI, keep reading. You’ll need a skilled New Jersey DWI attorney who will fight to help you protect your professional license.
Sometimes, just being arrested for DWI can have serious employment consequences. Some employers may not keep an employee after a DWI arrest. They see it as too big a risk. Additionally, individuals who hold professional licenses and drive for a living may face the real possibility of having their licenses permanently revoked.
Employers pay more to insure a driver after a DWI conviction, so some employers will refuse to hire or keep a DWI offender if the job requires driving.
Due to the severe consequences and penalties associated with a DWI conviction, anyone who holds a professional license must hire an attorney who will fight to protect their future and reputation. Contact The Hernandez Law Firm, P.C. today to learn how we can assist you with your legal needs.
What Can Happen if You Hold a Professional License and Are Convicted of DWI?
New Jersey law requires individuals to pass licensing tests to be able to practice in specific professional fields. If you hold a professional license in New Jersey, a DWI, DUI, refusal to test conviction, or having illegal drugs or controlled substances may trigger disciplinary action, including suspension, revocation, or denial of your license.
Professional licensing boards are concerned about any offense that may suggest negligence toward the safety of others. In New Jersey, individuals who apply for a professional license for the first time or a renewal are subjected to a background check. Applicants who have a DWI or DUI conviction on their record often face scrutiny because the offense may count as a “criminal conviction” or signal a substance abuse problem, which may violate professional rules.
As a result, most licensing boards will want proof that your DWI or DUI offense was an isolated incident and that you do not have a drinking or addiction issue.
New Jersey professionals who may face license suspensions or revocations because of a DWI, DUI, or a refusal to test conviction include but are not limited to physicians, dentists, pharmacists, nurses, attorneys, accountants, teachers, pilots, civil engineers, and real estate agents.
A “simple” DWI probably will not result in disciplinary action. That action, however, is more likely if you were arrested with a blood alcohol content (BAC) level over 0.15%, if anyone was injured, or if drugs other than alcohol were involved.
You cannot afford to receive incorrect legal advice when retaining your professional license. Contact our legal team today to schedule a free consultation.
What are the Consequences of Having Your Professional License Suspended in New Jersey?
New Jersey licensing boards have the right to impose disciplinary actions on individuals who hold professional licenses and violate rules, engage in unprofessional conduct, or engage in unethical behavior. Disciplinary boards may impose sanctions on professional licenses regardless of whether they are active, inactive, or expired.
Common disciplinary actions include:
- Reprimand: A reprimand is the most minor form of disciplinary action that may be imposed and may include conditions that require the individual to complete training and educational courses or be placed under supervision for a specified time
- Probation: If a professional license holder is placed on probation, they are monitored by a licensing board for approximately one to two years and may be required to complete educational courses, drug testing, and report to the board. Finally, when all conditions have been completed, the individual must submit a request to have their probation terminated
- Suspension: Also called a summary or emergency suspension, a disciplinary board has the authority to suspend a license if it determines there is a direct threat to public safety. Many of the same sanctions imposed on those placed on probation also apply to those whose licenses are suspended. However, to have a license reinstated, the individual must apply to have the suspension lifted
- Revocation: Revocation is the most severe disciplinary action that can be imposed on a professional license. When a license is revoked, the holder must surrender it and is no longer permitted to practice in their field
If you are facing disciplinary action, contact our law firm immediately to schedule a free consultation with our professional license defense attorney, who can determine what legal strategies meet your needs.
Can You Avoid Employment Difficulties After a DWI Arrest?
The best way to avoid employment trouble after a DWI arrest – to retain your job and your ability to find a job – is to fight the charge. Individuals facing charges should never plead guilty or no contest. The state must prove your guilt “beyond a reasonable doubt” to obtain a conviction, which may be difficult.
A New Jersey DWI attorney will challenge the evidence and testimony against you, try to discredit any breath test results, and fight for a not-guilty verdict or a dismissal of the charge.
The best strategy when you simply cannot have a DWI or DUI conviction on your record includes:
- If you plan to drive, do not drink.
- If you plan to drink, arrange transportation in advance.
If you are arrested for DWI or DUI despite your best precautions:
- Be polite but say nothing to incriminate yourself
- Insist on your right to have your attorney present during questioning
- Apart from asking for your attorney, exercise your right to remain silent
New Jersey law requires convicted DWI offenders to drive only in a vehicle with an ignition interlock device (IID). Still, employers who provide work vehicles may not be willing to allow an employee to install an IID in a company vehicle.
Can I Count on The Hernandez Law Firm, P.C. to Defend My Protect My Professional License?
Steven W. Hernandez represents licensed professionals, commercial drivers, and others charged with driving while intoxicated. He is the author of “New Jersey DWI Defense, the Law & Practice,” which DWI lawyers use throughout the state.
For over fifteen years, New Jersey DWI attorney Steven W. Hernandez has provided advice and effective defense representation to New Jersey drivers and knows what it takes to win the best possible result on your behalf.
Individuals holding professional licenses facing disciplinary proceedings or criminal convictions are at significant risk of having their licenses suspended or revoked. For these reasons, our professional license defense attorney, Steven Hernandez, will fight to help you protect your license and professional reputation.
If you need clarification about New Jersey professional standards or have other questions about how a license suspension could impede career opportunities, contact The Hernandez Law Firm, P.C., (732) 582-5076 to schedule a free consultation to discuss your concerns.