A DWI charge in Texas can result in severe consequences for your driving privileges, including the suspension or revocation of your driver’s license, so it’s essential to understand the process of Administrative License Revocation (ALR) and the impact of a DWI conviction, as well as the role a skilled DWI lawyer can play in helping you protect your driving rights.
Key Takeaways:
- In Texas, the ALR process can lead to immediate suspension of your driver’s license, separate from your criminal DWI case; you must request an ALR hearing within 15 days to challenge this suspension.
- A judge may require the installation of an ignition interlock device (IID) if your license is restricted, which is a device that measures your blood alcohol content (BAC) before starting the car.
- A skilled DWI lawyer can represent you at the ALR hearing, challenge the suspension, and help you secure a restricted license or negotiate alternate forms of punishment to minimize the impact of your DWI charge on your driving privileges.
Facing a DWI charge in Texas is a serious matter that can have lasting consequences. Among the most immediate concerns for those charged with driving while intoxicated (DWI) is the potential for losing their driving privileges. The state of Texas takes impaired driving seriously, and if you’re caught driving under the influence of alcohol or drugs, you could face significant penalties, including the suspension or revocation of your driver’s license.
But what exactly happens to your driver’s license after a DWI charge, and how can you protect your rights?
In this blog, we’ll break down the important aspects of DWI charges and your driver’s license in Texas, including the consequences of a conviction, the steps involved in license suspension, and how an experienced DWI attorney can help you fight to keep your driving privileges intact.
How DWI Charges Impact Your Driver’s License in Texas
When you’re arrested for DWI in Texas, you could face immediate consequences regarding your driver’s license, even before your case goes to trial. This is because Texas follows an “Administrative License Revocation” (ALR) process, which is separate from your criminal case. In other words, your DWI case in court isn’t the only avenue that could lead to the suspension of your license.
What Is Administrative License Revocation (ALR)?
The ALR is the process that occurs when the Texas Department of Public Safety (DPS) automatically seeks to suspend your driver’s license after you are arrested for DWI. If you’re arrested for DWI and either fail or refuse to take a breathalyzer or blood test, you’ll receive an immediate 40-day temporary license. However, this is just the beginning.
If you fail the breathalyzer test (a blood alcohol concentration of 0.08% or higher) or refuse to take the test, you’re subject to an ALR hearing, which will determine whether your license will be suspended. The suspension can last for anywhere from 90 days to two years, depending on whether it’s your first DWI offense or a subsequent offense.
First-Time Offenders vs. Repeat Offenders
The length of your license suspension will vary depending on whether it’s your first DWI offense or a subsequent one. First-time offenders who fail a breathalyzer or refuse testing face a 90-day suspension. However, repeat offenders can face much longer suspensions, sometimes lasting up to two years.
Additionally, the penalties for refusing to take a breathalyzer or blood test are often more severe than those for failing it. While both actions can lead to a suspension, refusing the test could result in a longer suspension.
The Role of the ALR Hearing
After your arrest, you have 15 days to request an ALR hearing to challenge the suspension of your license. If you do not request the hearing in time, your driver’s license will automatically be suspended. This is one of the most important steps to protect your driving privileges and should be handled by an experienced attorney.
During the ALR hearing, your attorney can argue that the suspension should not apply based on factors like:
- Whether the officer had reasonable suspicion to pull you over
- Whether you were properly informed of the consequences of refusing or failing the test
- Whether the test was administered correctly
If the hearing results in a finding against you, your license will be suspended, but if you prevail, your license will be reinstated. The ALR process provides you an additional chance to fight for your driving privileges outside of your criminal DWI case.
What Happens After a DWI Conviction in Texas?
Even if your ALR hearing doesn’t go in your favor, there’s still the criminal case to contend with. A conviction for DWI in Texas can result in several consequences, including the suspension of your driver’s license. The length of this suspension can vary depending on your prior offenses and the circumstances of your arrest.
First-Time Offenders
For a first-time DWI conviction in Texas, you could face a license suspension ranging from 90 days to one year. However, there is an option for those who want to drive during the suspension period: a restricted driver’s license.
A restricted license allows you to drive to specific places, such as work, school, or medical appointments, even if your full driving privileges are suspended. In order to obtain a restricted license, you may need to install an ignition interlock device (IID) in your vehicle.
Repeat Offenders
For repeat offenders, the penalties are much more severe. If you’ve been convicted of DWI before, you may face a two-year license suspension. As with first-time offenders, you may be eligible for a restricted license, but you will likely need to install an IID in your vehicle. Additionally, repeat offenders are more likely to face other consequences, such as mandatory alcohol education classes, higher fines, and longer probation periods.
Ignition Interlock Devices: What Are They and When Are They Required?
In Texas, a judge may require you to install an ignition interlock device (IID) in your car as a condition of getting a restricted license or as part of your sentence if you’re convicted of DWI. An IID is a breathalyzer that’s installed in your vehicle, and you must blow into the device before starting your car. If the IID detects alcohol on your breath, it will prevent the vehicle from starting.
For first-time offenders, the court may order an IID to be installed if you are granted a restricted license. For repeat offenders, it is often mandatory to install an IID in your vehicle as a condition of regaining your full driving privileges. The installation and maintenance of the IID can be expensive, but it’s one of the only ways to regain limited driving privileges during your suspension.
How a DWI Lawyer Can Help You
A skilled DWI lawyer can help you navigate the complexities of the Texas DWI process, including challenging the suspension of your driver’s license and protecting your driving privileges. From representing you at the ALR hearing to negotiating for a restricted license, an experienced attorney can make a significant difference in the outcome of your case.
Key Ways a DWI Lawyer Can Help:
- Requesting and representing you at your ALR hearing
- Challenging the suspension of your driver’s license based on factors like the legality of the traffic stop or test administration
- Helping you apply for a restricted license to limit the impact of your suspension
- Negotiating for a reduced sentence or alternate forms of punishment, such as probation or community service, to reduce the impact on your life and driving privileges
Trust The Medlin Law Firm to Protect Your Driving Privileges After a DWI Charge in Texas. Call Now!
Your driver’s license is an essential part of your daily life. Losing it can affect your ability to work, attend school, or care for your family, which is why it’s important to act quickly after a DWI arrest in Texas. By contacting our highly experienced Texas DWI lawyers as soon as possible following your arrest, you can take steps to protect your rights and driving privileges.
Our team consists of board certified criminal lawyers, former prosecuting attorneys, and former law enforcement officers – you can have peace of mind knowing that we have a thorough understanding of the law from both sides! We boast over 2500 case wins and are solely focused on criminal defense law in Texas.
Don’t wait for the consequences to pile up. Contact our firm today to schedule your free case evaluation and allow us to begin building your defense. Together, we can fight to keep your driver’s license and your future intact!
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