Driving While Intoxicated (DWI) can lead to jail time and fines. However, for licensed professionals, it can also have career consequences. New Jersey takes measures to protect citizens, including taking criminal charges into account when regulating physical therapist licenses. Even one DWI can disrupt your career, damage your professional reputation, and leave a mark on your record that will impact you for life.
If you're facing a DWI charge in New Jersey, the Lento Law Firm Criminal Defense Team can help. We understand that as a medical professional, you live in the spotlight, and even the slightest mark on your record can have long-term consequences. If you're a physical therapist dealing with DWI accusations, give our team a call at 888-535-3686 or complete our confidential contact form.
Understanding New Jersey DWI Charges
In New Jersey, the term DWI is used interchangeably with DUI, which is Driving Under the Influence. But state statutes use the term DWI. You can be charged with DWI for driving while under the influence of a narcotic, habit-producing drug, or intoxicating liquor.
For alcohol, you'll be charged if your blood alcohol content (BAC) is 0.08 percent or more. For a first offense, you can receive jail time of up to 30 days and fines of up to $400 if your BAC is under 0.10 percent or $500 for levels above 0.10 percent.
DWIs and New Jersey Physical Therapist Licenses
For New Jersey's physical therapists, the impact of criminal charges can be long-lasting. New Jersey law grants the board permission to consider criminal history when deciding whether to license a medical professional. New Jersey's physical therapy board will consider the following factors when a licensee has a criminal record:
- Whether the crime has a “direct or substantial relationship” to the work the professional will be performing.
- Whether granting a license to a professional will be inconsistent with protecting the general health, safety, or welfare of the population.
However, New Jersey is one of only a handful of states that consider a DWI a traffic offense, not a crime. That doesn't eliminate the need to report your DWI charge to the board, but it does mean that it's less likely your license will be revoked or rejected over a DWI.
Substance Abuse and Physical Therapy Licenses in New Jersey
A bigger concern for New Jersey's physical therapists is the implications that can come from a DWI arrest. If your facility or one of your coworkers sees your DWI as a substance use issue, you may be reported, which could lead to serious scrutiny and potential license impacts.
If the board is concerned about your substance use, any investigation will focus on the impact it might have on patients. If you're suspected of performing your work duties while impaired, for instance, it can have a greater impact on your license than if it always took place when you were off the clock.
Physical Therapy Licensure Compact
New Jersey is part of the Physical Therapy Licensure Compact (PT Compact), which allows licensed professionals to practice in other states. This membership means that you can practice in any other PT Compact member state without going through the licensing process.
For those planning to take advantage of the PT Compact, a DWI can cause a problem. While a DWI is a traffic offense, that isn't the case in most of the other compact states. That means your DWI may be seen as a more severe offense in some states, potentially impacting your ability to get a license.
Employers and DWI Offenses
No matter what criminal penalties you face as a result of your DWI charge, an employer might take issue with it. You aren't legally required to disclose a DWI charge to an existing employer, and in New Jersey, it isn't considered a criminal conviction. That means it won't show up on a background check.
Still, it's important to note that if an employer (or potential employer) finds out about your DWI arrest, it could get in the way of your employment. If an employer feels that your past offenses interfere with your ability to care for patients, the decision could be made to either terminate your employment or decline to hire you.
Driving and DWI Offenses in New Jersey
One of the biggest issues for New Jersey physical therapists is the mandatory driver's license suspension that comes with a DWI offense. First-time offenders with a BAC level of .08 to .10 percent will lose their license for three months. A BAC of .10 percent or more will result in a suspension of seven months to a year.
For a physical therapist, this loss of license can get in the way of practicing their profession. Hopefully, you'll still be able to take the subway to get to work every day, but if you're a physical therapist who does in-home visits, the inability to drive to patients can become an issue. Your employer might not be willing to wait until your license is reinstated.
Common Defenses for DWI Charges in New Jersey
A DWI charge is not a conviction. In some cases, accused drivers are able to mount a defense that results in the charges being dismissed or reduced. Both instances can help decrease the impact a DWI charge has on your career.
If you're facing a DWI accusation in New Jersey, our legal team can help. Below are some common defenses we use in New Jersey DWI cases.
- Unlawful traffic stop: When the officer pulled you over, was there a legitimate reason? In New Jersey, the officer must have probable cause, which could be anything from speeding to a broken taillight. Being pulled over without a reason can invalidate any evidence gathered during the stop.
- Improper field sobriety testing: New Jersey's police departments have protocols in place for administering field sobriety testing. Our team can take a look at how your sobriety testing was administered to determine whether those protocols were followed.
- Faulty breathalyzer results: Breathalyzer devices must be maintained and calibrated properly to provide reliable results. Additionally, the device's operators have to undergo training and certification. Any deviation from these procedures could lead to the results being thrown out in court.
- Medical or health conditions: Certain health conditions can lead to inaccurate breathalyzer results. For example, diabetes can cause false positives due to the presence of acetone in the bloodstream.
- Chain of custody errors: In some cases, New Jersey law enforcement uses blood testing to determine BAC levels. If the precinct didn't follow protocols when collecting, storing, and testing the sample, the results could be ruled inadmissible.
- Rising BAC levels: Blood alcohol levels gradually rise in the minutes after alcohol consumption. Our team can sometimes argue that the client had a lower BAC while driving, particularly if a half hour or more passed between the traffic stop and testing.
- Lack of probable cause for arrest: The officer may have had a legitimate reason for the traffic stop, but probable cause is also necessary to make an arrest. If your behavior or test results didn't merit an arrest, it can be argued in court that it wasn't lawful.
- Violation of Miranda rights: If you're taken into custody, the officer must inform you of your right to remain silent, that anything you say may be used against you, of your right to retain counsel, and that an attorney can be appointed if you can't afford one. If the officer(s) failed to follow Miranda rights requirements, any comments you made can be excluded from evidence.
Reputational Consequences of DWI Charges
Whether your New Jersey DWI arrest impacts your physical therapist license or not, it can hurt you professionally. In fact, both your personal and professional reputation can be harmed. Thanks to the New Jersey Open Public Records Act, members of the public can access arrest records. That means your employers, coworkers, friends, neighbors, and relatives can get details if they're motivated enough to track them down.
For that reason, the team at the Lento Law Firm prioritizes reducing reputation damage. We work proactively to reduce or eliminate all DWI charges for our New Jersey clients, including options like pretrial intervention and conditional dismissals when applicable. In some cases, we're able to eliminate the need for a public trial, reduce the risk of a conviction, and keep your record as clean as possible. We understand the importance of protecting your reputation and strive to help with that.
The Lento Law Firm Team and New Jersey DWI Defense
For physical therapists in New Jersey, a DWI charge can come with career consequences. The Lento Law Firm Team doesn't believe in cookie-cutter defenses. We craft a personalized strategy that keeps in mind each client's circumstances and state of residence.
If you're a physical therapist charged with a DWI in New Jersey, don't try to navigate the murky legal waters alone. Our team can work with you to help you understand the process and mount the best defense possible. Give our team a call at 888-535-3686 or complete our confidential contact form with some details of your situation.
