Teachers Charged with DUI in Florida
When a certified educator or teacher at any public or private school in Florida is arrested for drunk or impaired driving (DUI), the teacher has three pending cases:
- the criminal case in court for the pending DUI charge being prosecuted in state court;
- the administrative suspension of their driver’s license at the DHSMV; and
- disciplinary action against their license as a certified educator.
After a DUI arrest, the teacher needs to hire an experienced DUI defense attorney to fight the criminal charge in court and contest the administrative suspension at the DHSMV.
The teacher should also find an experienced DUI defense attorney experienced representing teachers during a disciplinary action against their license as a certified educator.
The six attorneys at the Sammis Law Firm focus on DUI defense. As a result, we have represented many teachers and certified educators over the years in the courtroom, at the DHSMV, and before the board of education.
Attorneys for Teachers Charged with DUI in Tampa, FL
After a DUI arrest, contact Leslie Sammis, an experienced DUI defense attorney at the Sammis Law Firm. Our main office is located in downtown Tampa, FL.
We also have additional offices in Clearwater for Pinellas County, New Port Richey for Pasco County, and Winter Park for Orange County, FL.
Our DUI defense attorneys can help you demand the formal review hearing within ten (10) days after the arrest to challenge the administrative suspension. We can help you fight DUI cases in court.
The attorneys at Sammis Law Firm in Tampa, FL, can also help you negotiate a settlement agreement of the disciplinary action that might minimize the impact on your teaching career.
We can attend the hearing with the Teacher Hearing Panel of the Education Practices Commission, when it decides whether to accept the settlement agreement as to the appropriate resolution of the case.
When a settlement is not the best option, we can also represent you during a formal hearing before the Division of Administrative Hearings or an informal hearing before the Education Practices Commission, a quasi-judicial body.
Call 813-250-0500 to discuss your case.
How the Teacher’s Disciplinary Action is Triggered
The disciplinary action can be triggered even though the DUI occurred away from the campus and students.
If a crash occurs or if anyone is injured in the incident, the case might receive media attention. Even without media attention, the school might be alerted to the arrest and immediately open an investigation into the incident. In some cases, the teacher is required to immediately report the arrest to their supervisor.
The disciplinary action might also be triggered by Florida Statute §1012.797, if a local law enforcement agency is required to report the arrest of the school employee to the appropriate school superintendent within forty-eight (48) hours. The arrest must be reported when it involves accusations of child abuse or drug possession.
In these cases, Pam Stewart, as the Commissioner of Education, will file an Administrative Complaint seeking suspension, revocation, permanent revocation, or other action against your Florida educator’s certificate.
If you report entering a plea or being convicted of a crime, it will trigger a disciplinary hearing that might lead to the Department of Education imposing sanctions against your Florida Educator Certificate.
The DUI defense attorneys at Sammis Law Firm understand the reporting requirements and procedures in disciplinary actions that might follow the resolution of the criminal case in court.
DOE’s Investigation After a Teacher is Arrested for DUI
When a teacher or certified educator is arrested for DUI, it triggers an investigation into allegations of professional misconduct. That investigation is handled by the Office of Professional Practices with the Florida Department of Education (DOE).
At least until the conclusion of the preliminary investigation, the misconduct complaint and any information obtained pursuant to the investigation by the Office of Professional Practices Services with the Florida Department of Education is exempt from public disclosure.
Under subsection (6)(c)1, voluntary enrollment requires formally acknowledging an impairment. If the arrest was an isolated incident with a defensible BAC or no clinical dependency, entering RNP voluntarily before the criminal case resolves can prematurely label the teacher as “impaired” under state administrative records.
Completion of Florida DUI Level I psychosocial evaluations and court-ordered counseling should be documented and presented to FLDOE counsel during settlement conferences to demonstrate low recidivism risk and argue against an open-ended RNP contract.
If an EPC settlement requires an evaluation, confirm that the evaluator holds active approval with the Tallahassee RNP office before scheduling the appointment.
When the Teacher Receives Notice of the Preliminary Investigation by DOE
The Florida Department of Education’s Office of Professional Practices Services will send the teacher written notice of the preliminary investigation via certified mail.
When the investigation is triggered by a criminal accusation like driving under the influence (DUI), the notice will list the offense, the date of the offense, and whether formal charges were filed by the State Attorney’s Office.
As explained in the notice, if the DUI charges are founded, it might lead to disciplinary action, including permanent revocation, of the teacher’s Florida Educator Certificate.
An experienced DUI defense attorney at Sammis Law Firm can help you respond to the disciplinary action within ten (10) days of receipt of the written notice from the Office of Professional Practices Services in the Florida Department of Education (DOE).
Our attorneys can help a teacher prepare the response letter and attach documents, exhibits, or a list of evidentiary witnesses.
Written Notification of the Results of the Investigation
After the preliminary investigation by the Office of Professional Practices Services is completed, the teacher will receive a second letter explaining the result of the preliminary investigation.
A teacher facing a DUI allegation can find more information about the rules and procedures for challenging the action at www.myfloridateacher.com.
If the commissioner of education finds “probable cause” to justify sanctions against your Florida Educator Certificate, the teacher will received a “Finding of Probable Cause” letter, Administrative Complaint, and Election of Rights form by certified mail.
Typical Sanctions Against the Teachers Florida Educator Certificate
As explained in Section 1012.795(1)(f), Florida Statutes, if a teacher is convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilty, any misdemeanor, felony, or any other criminal charge other than a minor traffic violation, then penalties can be imposed including:
- permanent revocation of your Educator Certificate;
- revocation not to exceed ten (10) years;
- suspension not to exceed five (5) years;
- restrictions on the scope of practice;
- probation;
- an administrative fine; and/or
- a written reprimand.
For allegations of drug or alcohol abuse, such as DUI, the Education Practices Commission might require the teacher to enroll in the Recovery Network Program (RNP).
A teacher might decide to self-report the DUI arrest so they can begin treatment immediately. A proactive approach might lead to the overall sanctions being less severe.
Completing the Teacher’s Election of Right’s Form
An attorney at Sammis Law Firm can help a teacher charged with DUI complete the election of rights (appeal) form that comes with the administrative complaint that seeks disciplinary sanctions against the teacher’s educator’s certificate pursuant to Florida Statute Sections 1012.315, 1012.795, and 1012.796.
The election of rights form must be completed, signed, and returned to the Office of Professional Practices Services before the deadline imposed.
The rules for these actions are found in the Florida Administrative Code at Rule 6A-10.081 for the Principles of Professional Conduct for the Education Profession in Florida.
Reaching a Settlement Agreement with the Education Practices Commission
After a teacher is arrested for DUI, most allegations are misconduct are resolved through a settlement agreement after Dr. Henry Mack, as the Commissioner of Education, files an Administrative Complaint.
Especially for a first DUI, the administrative complaint rarely seeks the most serious sanctions which include a suspension, revocation, or permanent revocation of the Florida eductor’s certificate.
Instead, after a DUI arrest, especially for a first offense, most are resolved with a written Settlement Agreement for resolution.
The agreement is often approved when the Teacher Hearing Panel of the Education Practices Commissions meets via telephone conference call to decide the appropriate resolution of the cause.
If the teacher’s settlement agreement is accepted, then a final order will be entered and the educator will be required to comply with its terms and conditions.
Copies of the final order will be provided to the Clerk of the Division of Administrative Hearings, the Senior Assistant Attorney General, the Office of Professional Practices Services, and the Bureau of Educator Certification.
After the agreement is accepted, a final order is entered and the educator will complete the terms and conditions.
Within 30 days of the rendition of the final order, the educator is entitled to judicial review pursuant to Section 120.68, Florida Statutes, and the Florida Rules of Appellate Procedure.
The notice of appeal must be filed with the Education Practices Commission and the appropriate district court of appeals within thirty (30) days of the rendition of the final order.
Is the Recovery Network Program (RNP) typically required for a teacher’s first DUI?
Not automatically, but it is frequently included as a contingent evaluation requirement.
When a certified Florida educator resolves an administrative complaint before the Education Practices Commission (EPC) for an isolated first-offense misdemeanor DUI (standard BAC, no crash, no children in the vehicle), the outcome is rarely an outright order mandating ongoing substance abuse rehabilitation.
Instead, standard EPC Settlement Agreements typically handle the Recovery Network Program (RNP) in one of two ways.
First, the settlement agreement might require the teacher to submit to an independent substance evaluation by an RNP-approved provider within 60 to 90 days of the Final Order.
If the evaluator concludes there is no clinical impairment or substance use disorder, the provider issues a clean evaluation report to RNP, the file is closed regarding active treatment, and the educator only completes the standard administrative terms (reprimand, fine, probation).
If the evaluator finds evidence of alcohol abuse, dependency, or dual diagnosis, the teacher is then required to enter an RNP monitoring contract.
Second, active RNP monitoring (not just an initial screen) might be required up front FLDOE counsel if any of the following aggravating circumstances exist:
- A breath/blood alcohol level over .15;
- A companion charge for controlled substances or marijuana;
- Prior alcohol-related incidents (even if resolved without an adjudication);
- Uncooperative, combative, or erratic behavior during the stop noted in the police report; or
- A roadside crash involving property damage or a personal injury.
Under Section 1012.798, F.S., the Recovery Network Program (RNP) functions much like the Intervention Project for Nurses (IPN) or Florida Lawyers Assistance (FLA). RNP is a state-administered diversion and compliance monitoring framework.
When a teacher or certified educator is required to participate in RNP by an EPC Final Order or enters voluntarily to mitigate discipline, the program operates through four distinct phases.
The first phase requires an intake and approved provider evaluation.
The teacher cannot use their private therapist or the counselor from their county DUI school. Under subsection (4), the educator must choose from a roster of RNP-vetted and approved addiction specialists or licensed mental health evaluators.
The cost is borne by the educator. Pursuant to subsection (3), the educator must personally pay all costs associated with the evaluation and subsequent treatment.
The teacher must sign broad medical release forms. Under subsection (6)(c)4 and subsection (8)(e), the educator must sign comprehensive federal HIPAA/42 CFR Part 2 waivers granting RNP full access to all therapy notes, assessment findings, and toxicology results.
If the evaluation recommends clinical intervention, the teacher must sign an individualized contract with RNP and the treatment provider specifying:
- Level of Care: Outpatient counseling, intensive outpatient programming (IOP), or group recovery sessions (e.g., weekly peer support groups).
- Mandatory Sobriety & Random Testing: Random, observed drug and alcohol screenings (often through automated daily check-in systems such as Affinity or similar third-party monitoring platforms) at the teacher’s expense.
- Duration: Typically runs concurrently with the educator’s EPC probation period (frequently 2 to 3 school years).
Under subsection (6) and (8)(d), RNP operates independently of the local school board’s Employee Assistance Program (EAP).
If the provider recommends that the teacher cannot safely manage a classroom during the initial phase of stabilization, the teacher must request temporary medical leave from their school district.
If cleared to work, the provider issues a “safe to practice” determination permitting the teacher to remain in the classroom while complying with after-hours monitoring.
RNP is a direct compliance arm of the EPC. Under subsection (10), if a teacher tests positive, misses screens, or drops out of treatment, the RNP administrator issues a Declaration of Ineligibility.
For educators participating under an EPC Final Order, ineligibility is deemed a formal violation of that order.
The Department of Education will immediately issue an Order to Show Cause or file a new Administrative Complaint seeking immediate emergency suspension or permanent revocation of the Florida Educator Certificate.
Additional Resources
Recovery Network Program – Established in 1994, the Recovery Network Program provides treatment options to help teachers and educators with issues related to drug or alcohol abuse or mental health issues. The final order might contain a requirement that you undergo an evaluation or treatment with the Recovery Network Program (RNP).
This article was last updated on Thursday, October 1, 2026.
