Will I Lose My License After a DWI in Texas?
If you’ve been arrested for a DWI here in Sherman, TX, the government does have an array of weapons to use against you. There are both criminal and civil penalties on the table, and the best thing you can do is contact a DWI defense attorney as quickly as possible to protect your rights and have the best shot at a good outcome.
Will I Lose My License After a DWI in Sherman, TX?
The short answer here is: yes, but you can contest it. Everybody who gets charged with DWI in the state gets an automatic suspension of their Texas driver’s license, though this suspension does not actually take effect until 40 days after you are arrested. This is to give you time to contest the suspension, which it is your right to do.
However, you only have 15 days to register your desire to fight the suspension and request an ALR hearing. If you don’t make a request within that 15-day window, your license will be automatically suspended. The suspension itself can last anywhere from three months to a year for a first time DWI. If you have prior DWI convictions or have been charged with a felony DWI, you could be looking at a suspension period between six months and two years.
What the Court Looks At
If you caused an accident, and particularly if there was an injury or fatality, you’re likely to have your license suspended for the maximum amount of time. The same as likely if there was a child in the car with you, if you had an open container of alcohol in the vehicle at the time of your arrest, or if your blood alcohol level was particularly high.
Special Rules for Drivers Under 21
If you have not reached the legal drinking age and are charged with a DWI, you will automatically be subject to criminal charges and may have a longer license suspension than someone over 21. It doesn’t matter how low your blood alcohol level was at the time: any detectable amount will trigger charges, since Texas has a zero tolerance policy towards underage drinking and driving.
Here again, the exact length of your license suspension will depend on a few factors, such as exactly how high your blood alcohol level was.
What Can a DWI Defense Attorney Do to Help?
When you hear the term “automatic,” it might seem as if there’s no hope, but actually a DWI defense attorney can do a lot to help you. You do have the right to challenge your suspension, and that challenge is much more likely to be successful if you have an attorney on your side. Your lawyer will understand the laws as well as the local courts and how the prosecutors are likely to proceed. An attorney with experience will know if there is any possibility for challenging the evidence or the circumstances of your arrest and will also be able to plea bargain on your behalf . If you need your driving privileges for work or your family depends on you to be able to drive, a lawyer will be able to make a good case for you to get an occupational license.
Frequently Asked Questions About Texas DWI License Suspension
What If I Just Drive Anyway?
It is a criminal offense to keep driving if your license has been suspended. If you are caught doing so, and it is your first time, you would typically be given a $500 fine and charged with a Class C misdemeanor. However, the charges can go up to a Class B misdemeanor or Class A misdemeanor, depending on how many times you’ve been caught doing this and the precise circumstances of your offense. At that point, it’s likely you will be arrested and criminally prosecuted.
What If I Drive for Work?
If you depend on your driver’s license for work, you may be able to get what’s called an Occupational Driver’s License. This allows you to legally drive under restricted circumstances. In most cases, it allows you to drive to and from work and for certain important personal needs. This is not automatically granted, however, and you will need to be able to make a good case to the court that it is a necessity for you.
You’ll need to petition the court, fill out all the required forms in the right way, and make your case. Be aware, however, that if you drive for a living as opposed to simply requiring a vehicle to get to work, you’re not eligible for an occupational license. In other words, if you need your vehicle to drive to your welding job 30 minutes away, you may be able to get an occupational license. However, if you have a CDL license and your job is driving large trucks, you cannot get an occupational license.
How Can I Fight This?
The way to fight your license suspension is to request an ALR hearing within 15 days of your arrest. This is a special hearing that you have before a judge. It’s an administrative hearing and separate from any criminal proceedings that might be brought against you. In addition to the judge, there will be a court reporter, a state attorney, a police officer, and your lawyer.
This is our opportunity to poke some holes in the state’s case against you, and if you’re able to win this hearing, you won’t have to worry about occupational licenses. It’s always a good idea to request the ALR hearing and even more important to have a lawyer to help you make your case.
What’s an ALR Hearing Like?
At this hearing, the state attorney will provide all their evidence against you. Usually, this includes proving they had reasonable suspicion or probable cause to stop you in the first place and then any test results, whether that is a breathalyzer or a blood test, a field test, or your refusal to take a test. If you refused to take a test at all, things can get quite difficult, since state law says that anyone who chooses to drive in Texas has given an implied consent to being tested for alcohol or drugs so long as there is probable cause to request such a test.
It’s important to understand that this administrative hearing is much different than a criminal proceeding. A criminal proceeding has a very high bar that the prosecution must reach to convict you: they must prove beyond any reasonable doubt that you are guilty. This is because your very freedom and reputation, among other things, are at stake with criminal charges. The bar is much lower in an administrative hearing since driving is a considered a privilege and not a right. There’s no chance of being sent to jail or having a criminal record in an administrative hearing: the only question is whether you will lose the privilege. Thus, the prosecution only has to show that it’s more likely than not that you did what they are accusing you of.
If you’ve been charged with a DWI, don’t delay. You need experienced help on your side right now, so call us at the Pelley Law Office in Sherman, Plano, or Dallas, TX as soon as possible.
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If you’re facing criminal charges in Texas, we’re here to help. Contact the experienced criminal defense lawyers at Pelley Law Office, L.L.P., today to schedule a free consultation.
We proudly serve Plano, Dallas, Sherman, and the surrounding areas.
Pelley Law Office L.L.P. – Plano Office
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