In Texas, after being arrested for a DWI (driving while intoxicated), your license is not necessarily suspended immediately. However, there are important steps and potential consequences to be aware of regarding your ability to drive following a DWI arrest, charge, or conviction. 

Time is short when protecting your driving privileges following an arrest, so you need to consult with a criminal defense attorney immediately if the Austin police arrest you. Below are some considerations regarding your driver’s license and possible suspension after a DWI arrest. 

The Officer Might Confiscate Your License

If you refuse a breath or blood test or test results show your BAC as over 0.08 percent (for most drivers), the officer can arrest you and should take your physical license from you. However, this does not mean your driver’s license is automatically suspended. 

Notice of Suspension

When the officer takes your license, they should issue you a piece of paper that is your “Notice of Suspension.” This notice is very important, as it serves two purposes:

• Let you know how long you have to formally request a hearing to challenge your suspension (15 days from your arrest)
• Acts as a temporary license for up to 40 days from your arrest

While you might not have your actual license, you can continue to drive while the Notice of Suspension is serving as your temporary license. 

Your ALR Hearing

While your DWI case is pending, the criminal court does not revoke your license – this is an administrative license revocation by the Department of Public Safety (DPS). You cannot ask the judge to reinstate your license, as you must request a formal administrative license revocation hearing (ALR). This is heard by the Texas State Office of Administrative Hearings, and you will appear against the DPS. 

You need to have a skilled DWI defense lawyer representing you at this hearing, so you need to hire someone immediately following your arrest. This gives your attorney sufficient time to request the hearing within 15 days and prepare for the hearing. If you miss this window, your license will remain suspended once your Notice of Suspension expires after 40 days. 

How a Criminal Defense Lawyer Can Help Keep Your License after a DWI Arrest in Texas

A skilled DWI defense lawyer can be instrumental in helping you retain your license after a DWI arrest in Texas. This is true during your ALR hearing and throughout your criminal DWI case. Here are some ways the right defense attorney can benefit you.

ALR Hearing Representation

They can represent you at the ALR hearing. A lawyer’s knowledge of the process and ability to present a strong case can increase the chances of retaining your license.

Challenging Evidence

A lawyer can challenge the evidence against you, including the validity of field sobriety tests, breathalyzer results, and the legality of the traffic stop.

Negotiating for Reduced Charges

They can negotiate with the prosecution to potentially reduce charges, which may result in less severe consequences for your license.

Seeking an Occupational License

If your license is suspended, a lawyer can help you apply for an occupational license, which allows limited driving privileges for essential purposes like work, school, and medical appointments.

Defending Against a DWI Conviction

A lawyer will build a strong defense strategy to fight the DWI charges in court. If successful, this could prevent a conviction and potential license suspension.

Exploring Alternative Sentencing Options

In some cases, your lawyer may seek alternative sentencing options like probation, alcohol education programs, or participation in a drug court program, which may have a positive impact on your license status.

Guidance on Compliance

They’ll ensure you comply with all court orders and requirements, such as attending mandatory classes or installing an Ignition Interlock Device (IID) if necessary.

Having a knowledgeable advocate by your side can alleviate stress and uncertainty during a challenging legal process. Your lawyer will do everything possible to maintain your driving privileges both during and after your DWI case. 

Don’t Wait to Speak With Our Austin DWI Defense Lawyer

Retaining a seasoned criminal defense lawyer with experience in Texas DWI laws is crucial to navigating the complexities of your case and preserving your driving privileges. If you are arrested for DWI in the Austin area, look no further than The Law Office of David D. White, PLLC. Contact us for more information as soon as possible after your arrest.