Believe it or not, the state can suspend your driving privileges before you are convicted of a DUI. This makes the selection of only the best Dallas or Houston DWI lawyer absolutely imperative to protect your rights

If your question is not answered below, please click here to contact Douglas Wilder, your Texas DWI Lawyer for more information.

If I refuse or fail a chemical test, what can be done to prevent my license from being suspended?

The law now permits an officer to immediately seize your driver's license after being arrested for DWI and either refusing or failing a chemical test. The officer will give you a temporary driving permit that is contained in the form you will be given. This is the form they read to you informing you of the potential penalties of a chemical test failure or refusal. This temporary permit is valid for 40 days. You also have the right to request an Administrative License Revocation hearing (ALR hearing). If you refuse or fail a test, the officer is required to give you written notice that your driving privilege will be suspended. After he does, you have 15 days to request the ALR hearing. If you fail to properly and timely request a hearing, your privilege to drive will be suspended on the 40th day after you received notice.

If the officer fails to give you notice of your license suspension, DPS will mail you notice, that your driver's license is subject to suspension. You now have 15 days from the day you receive notice to request the ALR hearing. Notice is deemed to be received 5 days after it is mailed. Therefore, do not rely on receiving notice from DPS before you request a hearing, or you may waive that right. Notice by mail will be sent to the address on your driver's license, even if it is incorrect. The law requires that all drivers report address changes on their license within 30 days of moving. Therefore, you need to be sure you correct address is on your license.

When a proper and timely request for an ALR hearing is made, the suspension of your driving privilege will not occur until the ALR hearing is held and the Judge suspends the license. If you win the ALR, your driving privilege will not be suspended and DPS has to return your actual license. If you have your DWI trial before the ALR and you are found Not Guilty, your driving privilege will not be suspended. If you lose the ALR and your driving privilege is suspended, and you subsequently are found Not Guilty in your DWI trial, you can have your driving privilege immediately reinstated and the suspension removed from your driving record, no matter how long the suspension is for. It is the license holders' responsibility to advise DPS of the not guilty verdict.

Your Texas DWI Lawyer has all the answers to getting your license returned. If they don't, have you made the right choice?

Requesting an ALR meeting is extremely important! First of all, it gives you the chance to prevent your driving privileges from being suspended. Second, by requesting he hearing, you force the State of Texas to prove that the officer who arrested you either had a reasonable suspicion or probable cause to do so. If the State fails to prove that the officer either had a reasonable suspicion or probable cause to arrest you, that ruling could assist you in the DWI trial and possibly in getting the DWI dismissed or a reduction in the charge. Third, this is a time for you to get discovery about your DWI case. By subpoenaing the officer to court, you will get sworn testimony of the officer, often times telling the experienced DWI lawyer what the true defense to your DWI will be at trial. The ALR hearing, being conducted in the way I conduct them, has assisted many of my clients in being found Not Guilty.

Your life is at stake if you're trying to beat a DWI , always select the best Texas DWI attorney to protect your rights.

If I submit to a chemical test and my alcohol concentration is below a .08, can I still lose my license?

Yes, but only after trial. You would have to be convicted, and as a result of being convicted, the Judge or DPS would have to suspend your license. It would not automatically be suspended as a result of the chemical test.

Your life is at stake if you're trying to beat a DWI , always select the best Texas DWI attorney to protect your rights.

If my license is suspended, what are the penalties for driving while the license is suspended?

This offense is known as "Driving While License Suspended" (DWLS) and is a Class "B" Misdemeanor with a range of punishment from 3-180 days in jail and/or $100-$500 fine for each violation. The penalties are increased if it is enhanced to Class "A" Misdemeanor.

You may apply for an Occupational Drivers License (ODL). To obtain an Occupational, good cause must be shown. Driving to work, taking the kids to school, driving to the grocery store, and driving to a medical facility are all examples of good cause. This license permits you to drive during a 12-hour period of time each day, and is subject to restrictions.

However, if you have had an alcohol related contact 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.

Your life is at stake if you're trying to beat a DWI , always select the best Texas DWI attorney to protect your rights.