DWI Arrest for EMTs: Steps to Protect Your Certification

If you are a New York EMT or paramedic, a drunk driving arrest creates significant concerns regarding your professional standing and job security. While such an event does not cause an automatic loss of your certification, failing to navigate the resulting requirements correctly can lead to lasting damage to your career. You must balance the demands of the criminal court, the Department of Motor Vehicles, and the Department of Health, as each body operates under different rules and timelines. Questions about this can go to the firm's Suffern DWI defense attorney.

Action Steps for Certified EMS Providers

1. Contact your Regional EMS office immediately. Current EMTs and paramedics who face a criminal arrest or conviction during their certification window must promptly reach out to their regional EMS office. This is mandated by the state health department to receive guidance on how to proceed during the certification period.
2. Review your employer's internal reporting policies. Different agencies, such as fire districts, hospitals, and municipal departments, maintain unique rules regarding disclosure and deadlines. These requirements exist independently of state mandates, so it is necessary to check your specific agency's policy to ensure compliance.
3. Consult with a lawyer before making any statements. Because information you provide to investigators or employers can become part of a disciplinary record, speak with counsel before you submit any written responses about the incident. This precaution helps you avoid providing information that could be used against you during the disciplinary process.
4. Examine all disclosure paperwork with caution. When submitting Application Form DOH-65, applicants who have a criminal conviction must not sign the criminal affirmation. Instead, the agency examines these unsigned submissions to assess whether the applicant qualifies for certification according to Part 800 and Correction Law Article 23-A.
5. Maintain a file of all case-related documentation. Keep copies of every statement, form, and court document you submit to the Department of Health, your employer, or the Department of Motor Vehicles. Having a complete record of your actions ensures you can respond effectively to inquiries about your case.
6. Address the status of your driving privileges. Understand that your ability to drive can be impacted early on. If you decline a chemical test, your license is suspended during your arraignment, which can lead to employer interventions like being placed on administrative leave.
7. Engage with the Bureau of EMS disciplinary process if necessary. Should the Bureau initiate an investigation or hearing based on your case, you have the right to respond to allegations, present evidence, and seek legal representation. The Bureau can impose outcomes ranging from civil penalties and suspensions to the revocation of your certification.
8. Build a strategy for your criminal case. The outcome of your criminal charges matters, as a dismissal or a reduction to a non-criminal traffic infraction, such as a Driving While Ability Impaired violation, changes the nature of the issues you must address with your employer and the state. Your defense approach may involve analyzing the justification for the initial police stop, reviewing any available dashcam video, and checking if field sobriety tests followed the standard protocols set by the National Highway Traffic Safety Administration (NHTSA).

To review the full detail, including the exceptions, see the information from our Suffern DWI defense attorney.

Watch on YouTube: Can a DWI Affect New York EMT or Paramedic Certification? by Randall F. Inniss

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About the author

Randall F. Inniss spent 22 years as a New York State Trooper, where he was a certified breath test operator and made hundreds of DWI arrests, before turning to criminal defense. He holds a Juris Doctor and an LL.M. from the University at Buffalo School of Law and now defends DWI and criminal cases across the Hudson Valley.

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The Inniss Firm, PLLC, 400 Rella Blvd #165, Suffern, NY 10901. Call (845) 533-0265 to schedule a consultation.

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Also on this blog: DWI Conviction Impact on New York Nursing License: Steps to Take and Medical License Risks After DWI: Steps for NY Practitioners.

Related reading: New York DWI defense 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.