Saving Your Driving Privileges After A DUI Arrest
After being arrested for driving while intoxicated (DWI), you will face two different cases. Everyone knows that you will most likely face criminal charges, but there is another process: Fighting for your driving privileges. For many people, this is just as important as fighting for your freedom from incarceration. Make sure you get a legal team fighting for you.
At Vela & Del Fierro, P.C., in San Antonio, Texas, we will fight for you. This fight involves more than just muscle. Our lawyers have decades of legal experience in the criminal court systems. We know what to expect in the DWI process and we can work within the administrative system to help you retain your driving privileges.
How Do License Suspensions Work In Texas?
Not every arrest for DWI will result in an immediate suspension. Only if you refuse to take a breath or blood test, or if the test comes back with a .08 or higher blood-alcohol concentration (BAC) will your license be immediately revoked. Although there are some small exceptions, this is generally how it works.
However, even if your license is not immediately revoked, it can still be revoked. In this type of instance, you will receive a “notice of suspension.” This notice will work as a temporary license for 40 days until you have an administrative hearing or your license becomes revoked.
If you are convicted, you will lose your driving privileges (up to 365 days for a first offense, more for subsequent convictions).
How To Protect Your Driving Privileges
When you’re arrested for any DWI (first time or repeat offense), you will need to request an Administrative License Revocation (ALR) hearing. Although the notice of suspension lasts 40 days, you only have 15 days from the time of the arrest, to request your hearing.
TAKE ACTION NOW! If you have been arrested for DWI in Texas, you only have 15 days to petition for an administrative hearing. If you fail to meet that deadline, you will lose your right to retain your license.
Once the petition is in, the hearing will give you a chance to argue that you should keep your license.
If you are convicted or do not win the administrative appeal, you could apply for a provisional/occupational license. This is a license that allows you to drive for work and other essential functions, but is limited.
These are general principles involving driver’s licenses after a DWI in Texas. But the most important thing you can do is contact our law firm. Talking with an experienced, dedicated criminal defense attorney is the only way to be sure you are protecting your rights and privileges in this process.