In Texas, the first consequence of a DWI is arrest and a night in jail. The second, and more worrisome for most is the loss of your driver’s license. Texas is a state without much public transportation to speak of. We know that our clients must drive in order to work, and in order to take care of their families. We will fight to protect your license from being suspended, and if it is, then can help you get a temporary license, an occupational license, to perform essential duties.
Let’s talk about what happens to your license after a DWI arrest. You will leave the jail with a temporary driving permit, and the police will usually take your driver’s license. You must hire our firm within 15 days of arrest so we can file for an ALR hearing to challenge your license suspension. If we request a hearing, then you can drive on the temporary license until there is an ALR hearing, and then only if the State wins the hearing will your license be suspended.
What is an ALR Hearing?This is where DPS will try to suspend your license. These hearings are set up so that it is very easy for DPS to win. They don’t have to prove much beyond they had a reason to stop you, and you refused or failed a test. There are wins we can win these, but it’s usually because DPS or the arresting officer made a mistake. The burden on DPS is very low, it’s not like a criminal trial and you do not have many rights or protections.
Remember you must hire our firm within 15 days of Arrest so we can request an ALR hearing.
If you do not request an ALR hearing within 15 days of your "Notice of Suspension" then your license, permit, or privilege to operate a motor vehicle will be suspended on the 40th day after "Notice of Suspension."
If you request an ALR hearing your license will not be until the hearing is held.
What is a notice of suspension? That is a form (DIC 25) that read to you before you are asked for a breath/blood sample. You should receive this when you leave jail.
No ALR Request, or after you lose the ALR hearing-
If you do not request an ALR hearing, or if you lose at the ALR hearing (ALR hearings are designed for the State to win) your license will be suspended.
How Long Will Your License be Suspended?If you take the breath or blood test and fail (over .08)-
90 days unless you have a prior contact. That is a prior DWI or alcohol-related suspension.
If you have a prior contact, 1 year.
If you refuse to take a breath test or blood test-
Your license will be suspended for 180 days, unless you have a prior contact, then it will be suspended for two years.
What is a Hard Suspension?If you have had a prior DWI or occupational license, you may be prohibited from getting another later occupational license. The dates of the prior suspension on your driving records matter so we will need to review your driving history.