A major consequence of being convicted of DWI is a suspension/revocation of your driver’s license. In fact, driver’s license issues are one of the main reasons why clients choose to fight against a DWI conviction.
Many people are not aware that a DWI arrest actually creates two different lawsuits, one criminal and one civil. Obviously, DWI is categorized under the Penal Code and a person faces jail time, fines and penalties for a conviction. However, there is a civil side as well. If you refuse to provide a breath sample when you are arrested, your license may be immediately suspended for up to one year (depending on whether you are 21 years of age or older.) This failure to provide a breath sample or giving a sample over the legal limit initiates a civil suit against the driver’s license of the accused.
Fortunately for you, we can help prevent the suspension and/or loss of your Driver’s License. Consider the consequences of not being able to drive your vehicle because of an administrative suspension, particularly if you have or hold a commercial driver’s license.
In Texas, license suspension and revocations are overseen by the Texas Administrative License Revocation Program, or ALR. If you are arrested for DWI/DUI, it is possible that you will need to appear at two hearings: your DWI trial, and your ALR revocation hearing. You must request an ALR hearing within 15 days of your arrest or your license will be automatically suspended.
Make sure your driver’s license privilege is protected by calling our office today. When someone hires our office on a DWI, the first step taken is to request and ALR hearing with the Department of Public Safety. We also request discovery of the police reports and are able to find out what evidence the State will use against you at trial sometimes even before the case is filed in a court.
At the hearing, a representative from the Department of Public Safety will must present evidence against you. He/she will need evidence that: your arresting officer had just cause to pull you over; you showed signs of intoxication after being pulled over; you were offered a chance to take a blood alcohol content test; and you refused the test. If the DPS attorney fails to provide the proper evidence, the judge may not suspend or revoke your license.
Occupational Driver’s Licenses
Even if your license is suspended or revoked, you may be eligible to receive an occupational driver’s license (ODL). An ODL allows you to use your motor vehicle to drive to work, school, and important household errands. Many people who are arrested for or convicted of DWI are eligible to receive an occupational license.