How a DWI Can Affect Your Professional License in North Carolina

Driving while impaired (DWI) is a serious crime in North Carolina, and a conviction can result in drastic consequences beyond jail time and fines. As a professional practicing in the state, whether you are a physician, an accountant, or a teacher, you should be aware of how a DWI can affect your professional license in North Carolina.

Below, we explore the potential consequences of a DWI conviction on your current or future ability to practice your profession in North Carolina and what steps you can take following a DWI conviction if you are worried about your career.

How a DWI Can Affect Your Professional License in North Carolina

DWI laws in North Carolina provide an overview of DWI penalties associated with operating a motor vehicle while under the influence of drugs or alcohol. These include probation, jail time, fines, and even driver’s license suspension. North Carolina’s justice system takes DWI seriously, with 27,369 DWI convictions in fiscal year 2023 alone.

Repercussions from DWI convictions may also extend to one’s career, as licensing boards in North Carolina may consider a DWI conviction a poor reflection of a professional’s character or decision-making capacity, which puts into question whether an individual can effectively practice their profession. As a result, these bodies may pursue an investigation and take disciplinary action against a licensee found to have a DWI record.

How Licensing Boards Might Handle DWI Convictions

Each licensing board is unique; some boards may be less tolerant of DWI convictions than others. Medical professionals, educators, accountants, and lawyers are held to a higher standard due to the nature of their work and the population they work with. As a result, having a DWI conviction or any other criminal record may be more consequential when requesting a license or if an investigation is pursued.

Those seeking licensure from a North Carolina licensing board, such as the NC Medical Board and the North Carolina State Board of Education, for instance, must consent to a criminal background check. If they have a criminal record, their application may be denied under North Carolina Statute § 93B-8.1(b1).

If a licensee is currently practicing their profession in North Carolina and has been convicted of DWI in the state, the respective licensing board may take action against the licensee upon further investigation. For instance, in 2021, the NC Medical Board had 29 open investigations related to DUI/DWI-related reports.

An investigation of a licensee may be started if a licensing body receives a report of misconduct or incapacity, such as a DWI conviction, from the licensee, co-workers, law enforcement, or a member of the public.

Protecting Your Professional License Following a DWI in North Carolina

Depending on the details of a DWI conviction and the degree to which the misconduct or incapacity can affect their work, a licensing board may decide to suspend or terminate a professional’s license in the state. For those with a criminal record pursuing licensure, a board cannot deny a license solely based on a DWI record.

There are several steps you can take if you are worried about losing your professional license following a DWI conviction:

• Be transparent: Licensing boards may require members to self-report any criminal conduct, and lying during an investigation can do more harm than good.
• Evaluate Your Options: Some licensing boards, such as the NC Nursing Board, may offer rehabilitation options in lieu of a license suspension or termination.
• Hire an Attorney: You may benefit from the guidance of an attorney if a board is pursuing an investigation or if your licensing application has been denied.

An attorney who understands the law and has worked with licensed professionals in the state can address a licensing board’s requests and present adequate evidence in your defense.

FAQs

Q: How Long Does It Take for a DWI To Come Off Your Record in NC?

A: A DWI conviction does not come off your record in NC. Per General Statute 15A-145.5 (a1), an impaired driving offense is ineligible for expunction, which means it remains on your record permanently. If you have been charged with a DWI and charges were dropped, or you were found not guilty of the offense, you may be able to successfully request for your record to be expunged.

Q: What Jobs Can You Not Get With a DWI?

A: A DWI conviction on your record can severely impact your job prospects in North Carolina. Certain professions in the fields of education, health, law enforcement, and jobs as first responders may deny an applicant if they have a criminal record or an ongoing criminal defense case. However, a criminal record or an ongoing case does not automatically bar you from a job.

Q: Can You Be a Teacher in NC With a DUI?

A: A person may be able to work as a teacher in NC if they have a DUI/DWI conviction. The North Carolina State Board of Education (SBE) requires that applicants and current licensees disclose their criminal background during the application process and throughout their work with the state.

Depending on the seriousness of the record, including whether a licensee has had multiple DWI convictions, for instance, the board may deny an application or terminate a person’s license.

Q: Does a DWI Show on a Background Check in NC?

A: Yes. A DWI is likely to show on a background check in NC, particularly a DWI conviction, as these cannot be expunged from your record. A DWI charge may still show up in a background check if a person has not requested the record be expunged.

Licensing boards and employers may become aware of an applicant’s criminal record through a background check, regardless of whether or not it is reported.

Defend Your Professional License With Our Assistance

Licensing boards may become aware of a person’s DWI arrest or conviction during the application process or as a result of a complaint or disclosure by the applicant or licensee or by a third party. Though a conviction for DWI does not automatically disqualify you from obtaining or keeping a professional license, it may severely restrict your chances of maintaining your license.

Professionals with a DWI record have several options in North Carolina, including alternative rehabilitation programs and temporary suspensions for their licenses. If you are facing a licensing board investigation or if your licensing application has been denied because of a DWI record, contact the trusted team at Edwards Law, PLLC, to learn how we can help. Schedule a consultation today.