Driver’s License Suspension Q&A
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We understand that a drunk driving conviction is not an option for you. At The Wilder Firm, we strive for all our clients to be found NOT GUILTY. For a quick response or free evaluation of your DUI/DWI arrest, please contact our Texas drunk driving attorneys at (214) 984-3384.
If I refuse or fail a chemical test, how do I prevent my license from being suspended in Texas?
Upon refusing or failing a chemical test, the law permits a police officer to immediately seize your license. You will be issued a temporary driving permit valid for 40 days, and can also request an Administrative License Revocation (ALR) hearing. You are required to receive a written notice of suspension of your driving privileges, and you must request an ALR hearing within 15 days.
If you request this hearing, your privileges will not be suspended until after the hearing. If the judge rules in your favor, your license will be returned to you. If you have your license suspended and are then found not guilty, the suspension is immediately removed – although it’s your responsibility to notify the correct authorities.
Is it important to request an ALR hearing after a Texas DWI?
It is very important to request an ALR hearing for three reasons:
- You can prevent the suspension of your driving privileges.
- You force the state to prove that the officer had probable cause to arrest you.
- The officer’s testimony can later prove valuable in your DWI trial.
If I pass a chemical test, can I still lose my license?
Yes, but only if you’re convicted of a DWI. Your license would not be suspended prior to the trial.
What are the penalties for driving with a suspended license in Texas?
This offense is a Class B misdemeanor with punishment ranging from 3-180 days in jail and/or $100-$500 in fines for each violation.
If my license is suspended, how do I get to work?
In many circumstances, you may apply for an Occupational Driver’s License (ODL). To obtain an ODL, you must show good cause. Taking your kids to school, driving to work, and going to the grocery store or doctor are all good cause. This license allows you to drive during a specific period of time each day.
However, if you have had an alcohol-related offense in the previous 10 years, you will not be eligible for an Occupational Drivers License for the first 180 days of the subsequent suspension. You will also be required to install an ignition interlock device on your car.
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