Will Your License Be Suspended After a DWI?

You can have your driver’s license suspended after an arrest for driving while intoxicated (DWI) without ever being convicted, if you refused a breath or blood test or it came back at 0.08 or more. In those cases the arresting agency sends a report to the Texas Department of Public Safety (TxDPS). Once it receives the report, the TxDPS starts the process of suspending your license. In most cases, the suspension takes effect 40 days after you receive your notice of suspension. 

Arrested in the last 15 days? Call (713) 664-4000 today. We get the hearing request in within 15 days of the arrest, every time, because waiting on the mail is how people lose their license.

You will still have your trial in criminal court, where your lawyer will fight every piece of evidence to prevent the judge from punishing you for this charge. Regardless of the outcome of the criminal trial, however, the TxDPS retains the statutory authority to suspend your license through a process known as Administrative License Revocation (ALR). Yet, you have options for maintaining your driving privileges. One of those options involves working with Houston DWI lawyer. 

Your License Could Get Suspended After a DWI

Shortly after your DWI arrest, the arresting officer or TxDPS will serve you with written notice that it intends to suspend your driver’s license through the ALR process. If you don’t request an ALR hearing within 15 days of receiving the notice, your license is suspended automatically. The hearing will likely happen before your criminal trial, and the ALR result stands on its own. Only an acquittal undoes it; a later conviction or dismissal doesn’t. Don’t sit on that deadline.

Can the Criminal Court Judge Intervene?

No, the judge in your criminal case cannot intervene or supersede the authority of the TxDPS to suspend your license. If you request a hearing, your DWI attorney can make a case for why you should keep your license at the hearing, but there will be a different judge at the ALR hearing. The Administrative Law Judge makes the final determination about your license. 

If you don’t request an ALR hearing, you’ve given up your chance to stop the suspension. Your DWI attorney will request discovery and prepare to defend you at the ALR hearing. This is another area where a DWI lawyer could assist you. They can assess your case and possibly get your ALR case dismissed. 

How Does an ALR Hearing Work?

At the ALR hearing, the representative from the TxDPS will present the following evidence to support why your license should be suspended:

The TxDPS will also note whether you consented to the forensic testing or not. Texas is an “implied consent” state, meaning you give consent for your blood or breath to be tested upon request by law enforcement (with probable cause) as a condition of having a driver’s license. 

If you refused the test, the arresting officer would note that refusal, then likely obtain a warrant for the test. The refusal to take the test could result in a longer suspension of your driver’s license. If you consented to the test, your DWI lawyer can share that information on your behalf during any hearings. If your license is suspended, the suspension won’t be as long.  

How Long Will the License Suspension Last?

The length of an ALR suspension is set by statute, not by the judge. If you failed a breath or blood test, it’s 90 days, or one year if your record shows an alcohol or drug enforcement contact in the last 10 years. If you refused, it’s 180 days, or two years with a prior contact. None of these change the ALR period, though they matter a lot in the criminal case:

• Your blood alcohol concentration at the time of the arrest
• Whether there was an accident in your case
• Whether the accident led to an injury or fatality
• Whether there was an open container in the vehicle
• Whether there was a child under 15 in the car at the time of the arrest

Is it Possible to Win an ALR Hearing?

Yes! The TxDPS has a lower burden of proof at an ALR hearing than the prosecutor will at your criminal trial. That doesn’t mean you automatically lose your license. The state has to show, by a preponderance of the evidence, that the officer had reasonable suspicion to stop you or probable cause to arrest you (e.g., weaving in and out of lanes, speeding), and that you had a 0.08 or higher or refused the test. While the burden is low, it isn’t unwinnable. An ALR hearing has another benefit: it gives your defense lawyer the opportunity to question your arresting officer under oath, making a transcript of everything they say. This transcript can be used later, during the criminal case to impeach the officer. 

With that said, an experienced DWI lawyer can advocate for you at an ALR hearing. There are also some other potential benefits of requesting an ALR hearing, such as:

• They give your DWI lawyer an early look at the state’s evidence before your criminal trial.
• It locks the officers into one version of the facts, and if it changes at trial, we can use the transcript against them. 

An ALR hearing gives your DWI lawyer a chance to see weak points in the state’s case and fight for a fair outcome. 

You May Be Eligible for an Occupational Driver’s License

Having your driver’s license suspended can make it impossible for you to work and support yourself and/or your family. Under certain circumstances, you could apply for an Occupational Driver License (ODL). If granted, the ODL would allow you to drive back and forth to essential activities such as work and school. However, you may not apply for an ODL to continue driving commercial vehicles. 

How Can You Get an ODL?

Your DWI attorney can file a petition for an ODL on your behalf. During an ALR suspension, it can be filed in a justice, county, or district court in the county where you live or where the arrest happened. After a conviction, it has to go to the court that convicted you. Either way, the petition must meet certain criteria. A DWI lawyer will know these criteria, and they can file your petition for you. 

If a suspension has already started, you can usually keep driving with an occupational license, and Texas no longer makes you wait for one.

Consult With a DWI Attorney About Your Criminal Charges

It’s perfectly natural to worry about the status of your driver’s license after being arrested for DWI. If you don’t act quickly, your license will be suspended. The ALR process can be intimidating, but you still have a right to fight for your driving privileges. An experienced DWI lawyer will be familiar with both the ALR process and fighting the criminal charges against you. 

Blass Law can help. Our firm’s founding attorney, Jay Blass Cohen, knows both the law and the science behind fighting DWI cases. We’ve been fighting for our clients in criminal court since 2009. A DWI doesn’t have to mean a license suspension. Reach out to us for a confidential consultation.

Charged with this in Houston, or worried you’re about to be? Call (713) 664-4000 or fill out the form on this page for a free, confidential consultation. We’ll tell you where your case stands and what we’d do first.