Awards & Media Appearances
License Suspension After DWI Arrest: Understanding the Basics 
When you’re arrested for a DWI in Texas, the consequences can be immediate and severe. One of the first penalties you might face is the suspension of your driver’s license. Texas has strict laws regarding DWI offenses, and the Department of Public Safety (DPS) enforces these penalties. Upon arrest, if you take a breath or blood test and your BAC (blood alcohol concentration) is over the legal limit of 0.08%, the DPS will typically suspend your driver’s license. This suspension can occur even before you face criminal charges in court. However, the law allows you to challenge the suspension through a process known as an ALR (Administrative License Revocation) hearing. The Immediate Impact of a DWI Arrest on Your License
A DWI arrest in Texas is handled under both criminal and administrative law. After your arrest, the police officer will likely request that you submit to a breath or blood test to determine your BAC. If you refuse to take the test or if the results show that your BAC exceeds the legal limit, the officer will notify you that your license will be suspended. Texas law operates under the principle of “implied consent,” which means that by driving in the state, you have already consented to submit to testing if requested by law enforcement. Refusing to take a test can lead to an automatic suspension of your license for 180 days for a first offense, with longer suspensions for subsequent refusals.The Zendeh Del & Associates, PLLC Team
How Long Will Your License Be Suspended?
The length of your license suspension after a DWI arrest depends on several factors, including whether you refused the breath or blood test, your BAC level, and whether you have any prior DWI convictions. For a first-time offense with a BAC above 0.08%, the suspension will typically last for 90 days. If your BAC is extremely high, such as 0.15% or greater, the DPS may increase the suspension period. Repeat offenders can face even harsher penalties, including longer suspensions or mandatory participation in alcohol education programs.The Importance of Requesting an ALR Hearing
After your arrest, Texas law provides you with a 15-day window to request an ALR hearing with the DPS. This is an important opportunity to contest the suspension of your driver’s license. If you do not request a hearing within this time frame, you will lose your right to challenge the suspension, and your license will automatically be suspended. An ALR hearing is separate from the criminal case for DWI, but it can have significant consequences for your ability to drive. At the hearing, you can present evidence to challenge the suspension, such as questioning the validity of the breath or blood test, the legality of the stop, or other aspects of the arrest.What Happens at an ALR Hearing?
At the ALR hearing, you and your attorney will have the opportunity to present arguments against the suspension. The hearing officer will review the evidence provided by both parties, including the arresting officer’s report and any test results. You may also present witnesses who can testify on your behalf. Common defenses used in ALR hearings include challenging the accuracy of the breathalyzer test, arguing that the officer did not have probable cause for the stop, or asserting that you were not actually intoxicated at the time of the arrest. If the hearing officer finds in your favor, the suspension may be overturned, and your driving privileges could be reinstated.Case Results
Consequences of Failing to Request an ALR Hearing
If you fail to request an ALR hearing within the 15-day period, the DPS will automatically suspend your license. The suspension will begin 40 days after your arrest and will last for a period determined by your case, such as 90 days for a first offense. Without the ability to contest the suspension, you may find yourself without a valid driver’s license and unable to drive for work, school, or other essential activities. This can significantly impact your life, especially if you rely on your vehicle for daily tasks.The Role of a DWI Defense Attorney in Contesting Your Suspension
A DWI defense attorney can help you navigate the complexities of the ALR hearing and the process of contesting a license suspension. Experienced attorneys know the ins and outs of Texas DWI laws and can provide valuable insight into how to challenge the suspension. Your attorney can assist with gathering evidence, questioning law enforcement officers, and presenting a compelling case at the ALR hearing. With their help, you may be able to reduce the length of your suspension or even have the suspension overturned entirely. Additionally, if your license is suspended, a DWI lawyer can help you apply for an Occupational Driver’s License (ODL), allowing you to continue driving for necessary purposes, such as commuting to work or attending medical appointments.What is an Occupational Driver’s License (ODL)?
If your license is suspended following a DWI arrest, you may be eligible for an Occupational Driver’s License (ODL), which allows you to drive for essential activities like work, school, or medical appointments. The ODL is a restricted license, meaning you can only use it for approved purposes, and you must comply with specific rules set by the DPS. To qualify for an ODL, you typically need to show that you need to drive to meet basic needs and that not being able to drive would cause significant hardship. The process for obtaining an ODL involves filing an application with the court and attending a hearing where a judge will decide whether you qualify.Client
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