Teachers in New York facing driving while intoxicated or driving under the influence charges are often concerned about how these events impact their professional status. A criminal charge creates risks for your livelihood, but taking the right steps can help you protect your teaching license during these difficult proceedings.
Steps to Take Following a Driving-Related Charge
- Clarify your current case status. New York officials distinguish clearly between having been arrested versus being convicted, and your potential professional outcomes are tied to your case progress. You maintain your credential following an arrest, but you should check for any local district policies that mandate you disclose legal matters to your employer.
- Review your school district employment requirements. While state regulations dictate the licensing process, individual employers may apply their own lawful rules regarding conduct. Reviewing your district’s guidelines can help you determine if you have obligations to notify your employer about the pending charges.
- Understand the functions of the Office of School Personnel Review and Accountability. This agency is the body responsible for managing educator moral character investigations and fingerprint-related criminal history checks. If you are convicted, this office is the entity that evaluates whether your actions compromise your fitness to teach.
- Learn about the nature of a Part 83 moral character review. Should a conviction occur, you may face this formal administrative process to assess your suitability for the classroom. These proceedings are separate from court actions, and investigators will look at whether the conviction warrants disciplinary measures, such as mandated therapy or suspension.
- Gather evidence of rehabilitation and remediation. Documentation showing participation in counseling or alcohol treatment programs, along with character references, can demonstrate your professional fitness to state officials. These items help show that you have taken responsibility for your actions during the administrative review process.
- Recognize that record sealing does not hide the event from the state. Although you might be able to seal your criminal record to limit access by the general public and most private employers, this does not make the incident invisible to the state. The New York State Education Department maintains access to these files through fingerprint-supported background checks, meaning the incident can still trigger disciplinary reviews.
- Identify the factors that increase administrative scrutiny. State officials look at details of the incident when deciding on potential license revocation. Factors such as your blood alcohol concentration, the presence of minors in the vehicle, or whether an accident occurred play a significant role in how the state evaluates your professional character.
- Retain legal counsel to help you fight charges. An attorney can navigate the separate criminal and administrative environments to help you keep your teaching license. Counsel can help you challenge evidence to minimize penalties in court and build a defense for your moral character hearing.
For the full detail, including the exceptions and additional information on the disciplinary process, see the original article.
About the author
Before he defended DWI cases, Randall F. Inniss made DWI arrests as a New York State Trooper for 22 years, and he is qualified at instructor level by NHTSA in Standardized Field Sobriety Tests. He also served as Director of Global Security for the National Basketball Association. He earned his J.D. and LL.M. at the University at Buffalo School of Law.
Where to find us in Suffern
The Inniss Firm, PLLC is at 400 Rella Blvd #165, Suffern, NY 10901, and the phone is (845) 533-0265.
Related reading: professional license DWI lawyer.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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