Driving while intoxicated, or DWI, can have serious impacts on your driving privileges in Texas. Many people may not realize that even a single DWI arrest can result in various consequences that change your life. In Texas, driving is considered a privilege, not a right, and that privilege can be taken away if you break the law. Understanding how a DWI affects your driver’s license and what steps you may need to take to keep or regain it can be very important. This explanation will help you understand the DWI process, how your driver’s license can be affected, and what you should know if you are facing a DWI charge. At, Wilder Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case
The Immediate Suspension Process After a DWI Arrest
After you are arrested for a DWI in Texas, a process known as the Administrative License Revocation, or ALR, often begins. This process happens whether or not you are eventually found guilty of DWI. When a person is arrested for DWI, they may be asked to take a breath or blood test to measure their blood alcohol concentration, or BAC. If the BAC level is above the legal limit, or if a person refuses to take the test, the arresting officer will usually take away the driver’s license right away. In its place, the person will receive a temporary driving permit that allows driving for a limited period.
The temporary driving permit given after a DWI arrest usually lasts for about 40 days, but the actual suspension of the license typically starts after that period ends. However, you have the right to challenge the license suspension by requesting a hearing. To request this hearing, you must act fast. A driver typically has only 15 days from the arrest date to ask for a hearing on the license suspension. If this request is not made, the license suspension will begin automatically. If the suspension hearing takes place, it allows the driver to explain why their license should not be suspended. However, these hearings can be challenging to win, especially without proper knowledge of the law and the DWI process.
How Long Can a DWI Suspension Last?
The length of time a driver’s license can be suspended for a DWI in Texas depends on several factors. For a first-time DWI offense, a person’s license may be suspended for up to 90 days to one year. However, if the driver refuses the blood or breath test, the suspension time may be even longer. A first-time refusal can lead to a suspension of up to 180 days. For individuals who have been previously convicted of DWI, the suspension periods tend to be much longer. Repeat offenders may face a suspension of one to two years, depending on the details of their case. The consequences tend to increase with each DWI offense, making it even more difficult for a person to keep their license.
PROTECTING YOUR RIGHTS AND FUTURE Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .Criminal Defense Attorney
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Suspensions can also be extended if certain aggravating factors are present. For example, if there was an open container of alcohol in the vehicle or if a person’s BAC level was much higher than the legal limit, a longer suspension might be issued. Additionally, if there was an accident with serious injuries or if there were children in the car, the court may impose longer suspension times.
Steps to Regain Your License After a DWI Suspension
If your license is suspended because of a DWI, it does not have to remain that way forever. In Texas, there are steps you may take to regain your driving privileges. After the suspension period is over, a person will typically need to complete certain requirements. One common requirement is paying a reinstatement fee to the Texas Department of Public Safety. This fee is necessary before the license can be returned. Another common requirement is completing a DWI education program, which may include lessons on the dangers of impaired driving and ways to avoid it. Some drivers may also be required to take part in a drug or alcohol evaluation and treatment program, especially if they are repeat offenders.
In many cases, a person may be allowed to obtain what is known as an occupational license. This type of license is restricted, which means it only allows a person to drive under specific conditions. For example, they may be permitted to drive only to work or school and back. An occupational license can be very helpful for people who need to drive but are facing a DWI suspension, as it provides a way to maintain essential parts of their lives without breaking the law. However, an occupational license is not automatic. The person must petition the court for this license and demonstrate why it is necessary for their daily needs.
Impact of a DWI on Future Driving Privileges
A DWI conviction does not just affect your driver’s license in the short term. It can have long-lasting impacts on your driving record and future driving privileges. For instance, a DWI conviction stays on a person’s driving record for life in Texas. This means that future offenses may carry even tougher penalties and suspension periods. Additionally, insurance rates often go up significantly for people who have a DWI on their record. Insurance companies may consider people with a DWI as higher-risk drivers, which results in higher premiums. This can make it more difficult and more expensive to drive legally.
If a person is convicted of multiple DWIs over time, they may eventually lose their license permanently. Texas has strict penalties for repeat offenders, and the more DWIs a person has, the more serious the consequences become. Having even one DWI on your record can make future penalties and suspensions much more severe, so it is important to understand the full impact of a DWI.
Why Legal Assistance Can Make a Difference in DWI Cases
A DWI charge can be overwhelming, especially if you are not familiar with the legal system. The penalties, the suspension process, and the hearings can be confusing and intimidating. Getting help can make a real difference in managing your case and understanding your options. Many people facing a DWI charge are not sure where to turn, but having someone with knowledge of Texas DWI laws on your side can be very helpful. The hearing process, especially the ALR hearing that deals specifically with your driver’s license, often requires clear evidence and good preparation. The outcome of this hearing can determine whether you can keep your license, so it is important to have strong support in these situations.
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In Texas, DWI cases are taken very seriously by the courts, and the penalties can be harsh. When you face a DWI, you are not just facing a possible fine or jail time. You are also facing the potential loss of your ability to drive, which can affect many parts of your life. If your job or personal responsibilities require driving, this can be even more serious. Having help throughout the process can provide you with guidance, explain your options, and help you work toward the best possible outcome for your situation.
If you are dealing with a DWI charge in Texas and are worried about the effects on your driver’s license, know that you do not have to go through it alone. The experienced team at Wilder Law Firm understands the Texas DWI laws and the challenges that come with a license suspension. By seeking guidance and support, you may be able to protect your driving privileges and your future. Contact Wilder Law Firm today to learn how we can assist you with your DWI case and help you take the steps needed to regain control.