DWI License Suspension in Texas
If you have been charged with DWI in Texas it is critical to request an Administrative License Revocation (ALR) hearing within 15 days of the incident.
Every person charged with DWI in Texas faces an automatic ALR suspension of their Texas driver’s license. The suspension takes effect approximately 40 days from the date of arrest. The ALR hearing is the only chance to contest the suspension.
- Is your license suspended right after a DWI in Texas?
Not immediately. You may still drive legally after an arrest. However, failure to request a hearing within 15 days will result in an automatic suspension. The suspension will go into effect approximately 40 days from the arrest date.
- How do I get my license back after a DWI arrest in Texas?
If your actual license card is confiscated, you may request a new license through the Texas Department of Public Safety (TxDPS) website. If your license is suspended, you may be eligible for an Occupational Driver License. Learn more.
How Long is DWI Driver License Suspension in Texas?
For DWI first offense in Texas, drivers face a suspension period of 3 months to 1 year. Drivers with prior DWI convictions face a suspension period of 6 months to 2 years. Factors that can increase the period of suspension include:
- Blood Alcohol Concentration (BAC)
- Child passenger under 15 years old
- Open container
- An accident, injury or fatality
How Long is License Suspension for Underage Drivers in Texas?
Texas has a Zero Tolerance policy for drivers under the age of 21. Consequently, Texas drivers underage with any detectable alcohol in their system may be charged with Driving Under the Influence (DUI). Learn more.
Underage drivers face a suspension period of 60 days to 6 months for a first-time DUI charge. Underage drivers with a BAC that exceeds .08 face a suspension period of 1 year and underage drivers with prior DUI convictions face a suspension period of 18 months to 2 years.
What is an ALR Hearing?
An ALR hearing is an administrative hearing with a judge, court reporter, and State attorney. The ALR hearing is the first line of defense against a DWI in Texas. It is a defendant’s first opportunity to expose weaknesses in the State’s case.
- What happens at an ALR hearing?
The State presents evidence to prove the driver’s identity, the existence of probable cause, and whether there was a refusal or failure.
- What is implied consent in Texas?
By choosing to drive in Texas, a driver essentially consents to test for alcohol or drugs if probable cause exists to support the request from law enforcement. Learn more.
- How do you win an ALR hearing?
Winning an ALR hearing in Texas is difficult. The State has the advantage of having a low burden of proof, and not very many things to prove. No matter the outcome, the process of having an ALR can be valuable to the overall DWI defense strategy.
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San Antonio DUI Lawyer
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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