When you are arrested for DWI in Texas, the police officer will take your drivers license and give you a Temporary Driving Permit. Your Temporary Driving Permit is valid for 40 days after the date of your arrest. If you do not take any action, you will not be able to legally drive on the 41st day after your arrest. This suspension is an Administrative Suspension. You may face an additional driver’s license suspension if you are convicted of DWI.
Length of Suspension
The length of the Administrative License Suspension depends on whether you refused to provide a blood and/or breath sample, and whether you have previously been arrested for DWI.
If you consent to the blood and/or breath test, your license will generally be suspended for 90 days if your BAC was over .08. If you refused to provide a blood and/or breath sample, your license will generally be suspended for 180 days. If you have previously been arrested for DWI, your license suspension may be extended to 1-2 years.
Fighting the Suspension
You may be able to avoid the Administrative License Suspension by requesting an ALR Hearing. You must request the ALR Hearing within 15 days from the date of your arrest to avoid the automatic license suspension. At the ALR hearing, an experienced DWI lawyer will attempt to accomplish two things: 1) prevent the license suspension; and 2) obtain information that can be used in the defense of your DWI charge at trial.
Occupational Driver’s License
If your license is suspended, you may be able to drive by obtaining an Occupational Driver’s License. This license allows you to drive to and from work, and perform essential household duties.
You should never drive with a suspended license. If you have been arrested for DWI in Texas, and your license has been suspended, you need to obtain an Occupational Driver’s License before you drive again. Contact the Loker Law Firm today to discuss your license status with an experienced Texas DWI lawyer.