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608 West 12th Street, Suite B Austin, TX 78701
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706 Rock St, Georgetown, TX 78626
512-369-3737
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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.
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.
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:
While you might not have your actual license, you can continue to drive while the Notice of Suspension is serving as your temporary license.
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.
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.
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.
A lawyer can challenge the evidence against you, including the validity of field sobriety tests, breathalyzer results, and the legality of the traffic stop.
They can negotiate with the prosecution to potentially reduce charges, which may result in less severe consequences for your 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.
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.
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.
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.
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.
David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
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This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions