Texas DWI Attorneys Explain License Suspension After a DUI

Texas DWI Attorneys Explain License Suspension After a DUI

Getting arrested for DWI in Texas can be really scary. Not only are you facing criminal charges that could lead to fines or jail time, but your driver’s license is also at risk. A DWI charge actually starts two separate cases against you – the criminal case for the DWI charges, and a civil case against your driver’s license. This article will explain how the civil case works and what happens to your license after a DWI arrest in Texas.

The Two Parts of a DWI Case

After you get arrested for DWI, there are two different legal cases that start against you. The first is the criminal case where the prosecutor will file DWI charges against you and try to convict you of the crime of DWI. This can lead to punishments like fines, probation, community service, and even jail time. The second case is a civil case against your driver’s license. This is where the Texas Department of Public Safety tries to suspend your driving privileges by taking away your license. Some people are surprised to learn their license can be suspended even if they are found not guilty in the criminal case!

ALR Hearings

In the civil license case, you have a right to challenge the suspension of your license at a hearing. This is called an Administrative License Revocation hearing, or ALR hearing for short. These hearings have very strict deadlines. You only have 15 days from the date of your arrest to request an ALR hearing. If you don’t, your license will automatically be suspended 40 days after your arrest. Because the timeline is so short, it’s really important to talk to a DWI attorney immediately so they can request a hearing for you and defend your driving privileges.

What Happens at ALR Hearings?

At the ALR hearing, the state has to prove three things to suspend your license:
– Reasonable suspicion to stop you
– Probable cause to arrest you
– That your blood alcohol level was over the legal limit

This is a civil hearing, so the rules are different than a criminal trial. The state only needs to prove these things by a “preponderance of the evidence” instead of “beyond a reasonable doubt.” That means it’s easier for them to suspend your license. An experienced DWI lawyer knows how to fight the suspension using technicalities and by questioning the police officer’s testimony.

If You Lose the ALR Hearing

If you lose your ALR hearing, your license will be suspended. The length depends on your situation:

• First DWI – 90 days if you took a breath test, 180 days if you refused
• Second DWI – 1 year if you took a test, 2 years if you refused
• Felony DWI – 2 years minimum

Even if your license is suspended, in most cases you can get an Occupational License. This is a special restricted license that allows you to drive to work, school, medical appointments, and other necessary places.

Winning the ALR Hearing

The best way to avoid a suspension is to win at your ALR hearing. An experienced DWI lawyer can help make this happen by questioning the officer’s testimony and ensuring the state doesn’t have enough evidence to suspend your license. If the officer doesn’t show up to the hearing, you automatically win. Your lawyer may also be able to get the suspension shortened or get you an Occupational License more quickly if you do lose the hearing.

Criminal Case vs. License Case

It’s important to understand that the criminal DWI case and the driver’s license case are totally separate. You can be found not guilty of DWI but still lose your license! That’s why you need an attorney fighting for you in both cases. The best way to avoid a license suspension is by winning at your ALR hearing.

Other License Suspensions

In addition to suspensions from ALR hearings, your license can be suspended for other reasons after a DWI:

• Not paying surcharges – Texas imposes a yearly surcharge up to $2,000 for 3 years after a DWI. Not paying will result in a license suspension.
• Failing to get SR-22 insurance – High-risk SR-22 insurance is required for 3 years after a DWI. Driving without it leads to a suspension.
• Violating probation – Getting another ticket or violating probation terms can trigger a license suspension.

An experienced DWI lawyer can help make sure you take the proper steps to avoid these “failure to comply” suspensions.

Getting Your License Back

If your license is suspended, here are some steps to getting it back:

• Wait out the suspension period
• Pay reinstatement fees – $125 for first offense, up to $500 for others
• Show proof of financial responsibility (insurance)
• Complete any required classes
• Request license reinstatement from DPS

For felony DWI suspensions, you may also have to file an SR-22 and pay a $10,000 reinstatement fee.

The Value of an Attorney

As you can see, the driver’s license side of a DWI case has a lot of complex rules and steps. Having an experienced DWI lawyer represent you can make all the difference. An attorney can request a quick ALR hearing, defend your license at the hearing, and take steps to get your license back if it’s suspended. Don’t leave your driving privileges to chance – talk to a lawyer as soon as possible after a DWI arrest.

At [Law Firm Name], our DWI attorneys have extensive experience defending licenses in ALR hearings. We know how to fight to keep your license valid and make sure you can still drive legally. If your license is already suspended when you come to us, we can help you get an Occupational License quickly. Contact us today for a free consultation – we can help you understand where your license stands and start defending it right away.