Introduction

People often ask me: “what happens to your driver’s license after a DWI arrest in Texas?” Driving while intoxicated (DWI) is a serious offense that can have significant consequences, both legally and personally. One of the most immediate concerns after a DWI arrest in Texas is the fate of your driver’s license. Understanding the process and potential outcomes can help you better navigate the situation and make informed decisions. In this blog post, we’ll delve into what happens to your driver’s license after a DWI arrest in Texas.

Immediate License Suspension

Upon being arrested for a DWI in Texas, your driver’s license can face immediate suspension. This suspension is known as an Administrative License Revocation (ALR). If an officer asks you for a specimen and you refuse to provide one, then the officer will confiscate your license. He will then give you a piece of paper called a DIC-25. This will serve as a temporary driving permit. It is valid for 40 days after your arrest. If you do not schedule an ALR hearing during the first 15 days after your arrest, then DPS will suspend your license on day 41.

One way to avoid this automatic suspension is to voluntarily provide a specimen of your breath or blood when the officer asks. If you provide this specimen, then DPS places the timeline for your ALR suspension on hold. DPS will wait and see if a test of your breath/blood shows you were intoxicated. If the results of the breath/blood test come back from the state crime lab as above 0.08, then DPS will send you notice that they have suspended your license.

I have written about the pros and cons of voluntarily providing this specimen in a separate post.

ALR Hearing

Within 15 days of your DWI arrest (or notice of your BAC results), you have the right to request an ALR hearing . The purpose of this hearting is to contest that alcohol was involved in the incident that led to your arrest. This hearing is separate from any criminal proceedings related to the DWI charge. It provides you with an opportunity to present evidence and arguments as to why your license should not be suspended. Keep in mind that if you fail to request an ALR hearing within the allotted time frame, your license will be suspended automatically.

Possible Outcomes of the ALR Hearing

During the ALR hearing, there are several potential outcomes:

  1. License Suspension Upheld: If the administrative judge rules in favor of the suspension, your driver’s license will remain suspended as initially determined.
  2. License Suspension Overturned: If you successfully argue your case, the judge may overturn the suspension, allowing you to retain your driving privileges without interruption.
  3. Limited Privileges: In some cases, the judge might grant you limited driving privileges, such as driving to and from work, school, or medical appointments, even if your license suspension is upheld.

Criminal Proceedings and Convictions

In addition to the administrative process, you will also be facing criminal charges related to the DWI offense. The outcome of these criminal proceedings can also impact your driver’s license:

  1. Conviction: If you are convicted of DWI, your driver’s license will be suspended as part of the criminal penalty. The duration of the suspension depends on various factors, including whether it’s your first offense, second offense, or subsequent offense.
  2. Occupational License: In some cases, even after a DWI conviction, you may be eligible for an occupational or essential needs license. This type of license allows you to drive for specific purposes, such as work or necessary household activities, during your suspension period.

License Reinstatement

After serving the suspension period, whether through administrative actions or criminal penalties, you will need to follow certain steps to reinstate your driver’s license. These steps may include paying reinstatement fees, completing any required educational or counseling programs, and meeting other conditions set by the Texas Department of Public Safety (DPS).

Conclusion

Facing the aftermath of a DWI arrest in Texas involves a complex process that impacts your driver’s license on both administrative and criminal fronts. It’s crucial to understand the steps involved and the potential outcomes in order to make informed decisions about how to proceed. Any person should seek legal counsel if they are in this situation. An experienced attorney can help you navigate the intricacies of the legal system and work toward the best possible outcome for your situation. Remember that each case is unique. The information I have provided here is meant to offer general insights rather than specific legal advice.

If you or someone you know is facing a driver’s license suspension as a result of a DWI arrest, then you need the help of an experienced attorney. Call Carter Criminal Defense Today at (214) 699-8864 for more information about your options.