Fort Worth License Suspension Lawyer

Understanding the DWI License Suspension Process in Texas

Although license suspension usually occurs as a result of DWI and other criminal convictions, it is enforced by the Texas Department of Public Safety (TxDPS), not the criminal courts. This distinction is important when it comes to certain ramifications, such as Administrative License Revocation (ALR) hearings and DWI penalties.

The outcomes of an ALR hearing and a DWI criminal court hearing may be different and do not always influence each other.

Don't let a DWI arrest threaten your license. Speak with a Fort Worth license suspension lawyer now for a free consultation. Call us at (817) 440-3953 or contact us online to discuss your case and explore your options.

Implied Consent in Texas

According to chapter ten of the Texas Driver Handbook, adults and minors licensed to drive in the state of Texas have entered into an implied consent agreement with the TxDPS to undergo BAC chemical tests when arrested with DWI charges (61). So then, if a suspect refuses to take the test, their license can be suspended for a period of 180 days, even if the criminal courts deem the suspect not guilty of a DWI charge.

Not only can a driver’s license be suspended as a result of refusing to take a blood or breath test, but it is usually suspended by the TxDPS on conviction of DWI charges. The Texas Driver Handbook records the penalties of Texas DWI license suspensions as 90 to 365 days for a first offense, and 180 days to 2 years for second and third offenses. These time frames can change depending on any extraneous or aggravating circumstances of the case, such as whether there was a minor in the car and whether an individual was injured or killed.

The ALR Process and Timeline

The Administrative License Revocation (ALR) process begins immediately after your DWI arrest. The arresting officer will inform you of the potential for license suspension and provide you with a notice of suspension. You have the right to contest the suspension, but you must request a hearing within 15 days of your arrest. Failure to request the hearing will result in an automatic suspension of your driver’s license.

A Fort Worth license suspension lawyer can help you navigate the ALR process by ensuring that your request for a hearing is submitted on time and assisting you in preparing your case. The hearing itself is not a criminal trial but an administrative proceeding in front of a DPS hearing officer. The officer will review the circumstances of your arrest, including whether there was probable cause for the traffic stop, whether the breath or blood test was conducted properly, and whether the officer followed proper procedure.

If the hearing officer determines that the suspension was warranted, your license will be suspended for the designated period. However, if the officer rules in your favor, the suspension may be overturned, and your driving privileges will be reinstated.

Occupational Driver’s License

If your license is suspended as a result of a DWI arrest, you may be eligible for an occupational driver’s license (ODL). This license allows you to drive for certain purposes, such as commuting to work, attending school, or taking care of essential tasks like medical appointments. To qualify for an ODL, you must meet certain requirements, including completing a portion of your suspension and providing proof of financial responsibility (insurance).

A Fort Worth license suspension lawyer can help you apply for an occupational license, ensuring that you meet all the necessary requirements and submit the application properly. The process for obtaining an ODL can be complicated, but an experienced attorney can guide you through the steps and increase your chances of approval.

Fighting a License Suspension After a DWI Arrest

A Fort Worth license suspension lawyer can help you challenge your license suspension, whether you are trying to prevent the suspension from happening or trying to shorten the length of your suspension. There are several ways an attorney can help you fight a license suspension:

• Requesting a Hearing: You have the right to request an ALR hearing to contest the suspension of your license. This hearing must be requested within 15 days of your arrest, and failing to request the hearing will result in an automatic suspension. A Fort Worth license suspension attorney can help ensure that the request is made on time and prepare a defense to present at the hearing.
• Challenging the Suspension: During the ALR hearing, your lawyer can challenge the evidence presented by the DPS, such as questioning whether the officer had probable cause for the traffic stop, whether the breathalyzer test was administered properly, or whether your rights were violated during the arrest. If the hearing officer finds that there were issues with the arrest or testing procedures, your license suspension may be overturned.
• Negotiating for a Reduced Suspension: If your license suspension is inevitable, a Fort Worth license suspension lawyer can help negotiate with the DPS or the court to reduce the length of your suspension. They may also assist you in obtaining an occupational license, allowing you to continue driving for work and other essential tasks during your suspension.
• Appealing a Suspension Decision: If the ALR hearing officer rules against you, your attorney may be able to file an appeal. An appeal could result in a reduction of the suspension period or even the dismissal of the suspension if there are sufficient legal grounds.

Call Our Attorneys in Forth Worth to Protect Your Rights and Driving Privileges

A DWI arrest in Texas can have serious consequences for your driving privileges, but it’s important to know that you don’t have to face the consequences alone. A Fort Worth license suspension lawyer can help you protect your rights, navigate the legal complexities of license suspension, and work to minimize the impact on your life. Whether you’re fighting to prevent a suspension, applying for an occupational license, or contesting a suspension at an ALR hearing, a skilled attorney can guide you through every step of the process.

If you’re facing a DWI charge and are concerned about the potential for a license suspension, contact our license suspension attorney today to schedule a consultation. Protect your driving privileges and secure your future with the help of an experienced legal professional.