After most DWI convictions, a defendant will have some kind of restriction placed on their driver’s license. Drunk driving creates a dangerous risk to other drivers on the road, and courts are usually unwilling to allow a defendant to return to the roadways without significant limitations. This is especially true if they are a known repeated offender.
Plano third-offense DWI license restrictions may include a suspension, a mandatory ignition interlock device, and other terms. An experienced third-offense DWI lawyer could work to mitigate some of these restrictions and restore a defendant’s driving privileges.
Once a person is arrested for a third DWI, there is two ways their driver license can be suspended.
First, the State of Texas will attempt to suspend their driver license at a driver’s license hearing, called an ALR suspension. If the person fails a breath test or refuses a breath or blood test, they will have 15 days from the day of their arrest to request a hearing on the potential suspension. That can be done by calling DPS and requesting a hearing or by sending a fax to DPS requesting a hearing. It is usually best to request the hearing via fax so that there is a written record of the request.
Second, if the person is convicted of the DWI, there will be an additional suspension, regardless of whether the license was suspended at the suspension hearing. If the driver license is suspended, the driver can apply for an occupational driver license.
A person can challenge an ALR suspension at the driver’s license hearing. The ALR hearing is conducted the same way, whether it is a first, second or third or more DWI. Only the length of suspension increases with additional DWIs.
While a defendant may challenge an ALR suspension, they may not challenge a license suspension that follows a criminal conviction.
There is no automatic driver license suspension after simply being charged with a third DWI offense. The license would have to be suspended at the driver license hearing (ALR) or by being convicted of the DWI. If either of these occurs, the person can apply for an occupational driver license. It is discretionary for a judge to grant the occupational driver license. Further, an ignition interlock device will be a requirement of any occupation license resulting from a suspension for a third or more DWI.
If acquitted of the DWI, drivers can get their licenses back by taking a copy of the judgment of acquittal and faxing it to the Department of Public Safety, who will reinstate their driving privilege.
A suspension, restriction, or ignition interlock device requirement on your driver’s license could seriously harm your ability to get to work, shop, see family, and generally move about Plano freely. For help fighting Plano third-offense DWI license restrictions and preserving your driving privileges, contact an experienced DWI lawyer today.