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Tag Archives: Administrative License Revocation

License Suspension in Texas


Texas law requires that the department shall suspend a person’s driver’s license if the department determines that the person had an alcohol concentration of .08 in accordance with Section 49.01 (2)(B) of the Texas Penal Code, while operating a motor vehicle in a public place or while operating a watercraft; or (2)  the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor’s system while operating a motor vehicle in a public place or while operating a watercraft.

Being arrested for a DWI in Texas does not necessarly result in having your driver’s license suspended.  There are options available to contest the suspension or to allow you to continue to drive legally despite the suspension.  Remember that each state has different laws regarding DWI’s and suspensions so it is important to find an attorney in your state that is knowledgable about DWI laws.

To assist you with the process of a license suspension in Texas, here is a break-down of what happens after a DWI arrest in Texas:

  • After you are arrested for a DWI, you have 15 days to request an ALR hearing.
  • A criminal defense attorney may request the hearing for you or you may request one yourself prior to hiring an attorney.  ALR hearings are used to contest driver’s license suspensions.
  • At an ALR hearing, license suspensions may be overturned completely or the suspension may be postponed until a later time pending the outcome of the hearing.

Driving is a necessity to life, so of course it’s important to ensure that you can continue driving legally. If an ALR hearing is not successful in overturning your license suspension, another option available in Texas counties, such as Williamson, Travis, and Hays, is to file a petition for an Occupational Driver’s License.  An Occupational Driver’s License is an incredibly helpful option that allows you to maintain the ability to drive as needed despite your license being suspended as a result of a DWI arrest or other offense.

Here is a list of items you will need in order to have the petition granted and continue driving after your license suspension:

  • A letter from your employer explaining your need to drive.  The letter should include a list of all counties in which you may need to drive during your license suspension along with the times of day and days of the week that you would need to drive.
  • An SR-22 insurance form from either your insurance company or another insurance company.  An SR-22 is a supplement to the insurance that you currently have.
  • Filing Fee’s.  Fees vary by county in which the offense was committed
  • A copy of your three-year driving record.  This can be obtained from Texas DPS. You can visit their website and download the application at http://www.txdps.state.tx.us/InternetForms/Forms/DR-1.pdf
  • A personal letter listing any activities in which you need to attend outside of work, i.e:
    • School classes,
    • church,
    • court settings,
    • AA meetings,
    • doctor appointments,
    • childcare,
    • carrying out essential household duties, etc.
    • This list must also include all of the counties in which you may need to drive during your license suspension along with times of day and days of the week

Once all of the requirements have been submitted, a petition is drafted and filed with the court.  Once your petition is filed in court, a hearing may be required, depending on where the petition is filed.  If the court grants you an Occupational Driver’s License you will be eligible to drive for the reasons and times approved by the judge in your petition and outlined in the order resulting from the court’s approval.

IMPORTANT POINTS TO REMEMBER:

  • While driving with an Occupational Driver’s License the order should always be in your possession. 
  • If you are pulled over and do not have the order in your possession you will be arrested. 
  • Once your suspension period is over, you simply have to pay a reinstatement fee and you will receive your regular license back. 

If you have any questions or have been charged with an alcohol related offense, feel free to visit us on Facebook and post a question, leave a comment or fill out a free case evaluation form with no obligation.

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What Happens After a Dwi Arrest In Texas?


ArrestedAdministrative License Revocation: To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension(usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. It is our opinion you should requests the officer’s presence at the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.

lst Appearance: If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually 30 days after your arrest). If you hire an attorney, the attorney can usually make this appearance for you, so that you do not have to attend. During this 30 day period, the case is sent to the County Attorney‘s office for further investigation. The County Attorney then prepares an information and files this with the County Clerk, and your case is set on the court’s docket.

Pre­trial Conference: Your attorney will discuss your case with the County Attorney to discuss the best possible resolution of your case. This conference will happen about 8­10 weeks after your 1st Appearance date.

Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre­trial conference.

Trial: You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve.

Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.

 

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