Can I Lose My License After a DWI Arrest?

DWI arrests trigger license suspensions, but an appeal is available.

Texas, like most other jurisdictions, is an implied consent state. When drivers sign their licenses, they agree to provide chemical samples upon demand. If they refuse to provide a sample, or if their BAC is above the legal limit (which is usually .08), the state may suspend your license for between ninety days and two years.

The pre-conviction suspension automatically goes into effect unless a Ft. Worth criminal defense lawyer files an appeal within fifteen days of the arrest. That’s a very small window which, in most cases, shuts before the defendant acts. As soon as you get out of jail, call a lawyer, so your attorney can file an appeal and begin working on this important portion of your case.

Administrative License Revocation Appeals

Quite frankly, the odds of “beating” a license suspension at an ALR hearing are remote. However, a successful outcome is possible. Additionally, even if the result is unfavorable, the process is an important part of a complete DWI defense.

ALR procedure varies in different jurisdictions. Usually, however, the administrative law judge is prosecutor, judge, jury, and executioner.

The ALJ questions witnesses, which could include the defendant. The Fifth Amendment’s right against self-incrimination doesn’t apply in a civil ALR proceeding. Therefore, defendants can be compelled to be witnesses against themselves. The ALJ also evaluates the evidence, delivers the verdict, and determines the suspension period.

A Ft. Worth criminal defense lawyer has some input in this process. A lawyer cross-examines any witnesses, including the arresting officer. Such discovery usually costs hundreds of dollars. The free discovery makes the process worthwhile, regardless of the outcome.

That outcome could be a reduced suspension period or a probated suspension, especially if the evidence is weak.

Incidentally, suspended drivers’ licenses are not automatically valid when the suspension period ends. The driver must pay a reinstatement fee and jump through a few other hoops.

Occupational Drivers’ Licenses

If the ALJ imposes a suspension, an occupational driver’s license is usually an option. This document allows the defendant to drive to and from work, to and from school, to and from the grocery store, and for other essential purposes.

Frequently, the license is also only valid during the day. Any essential driving must be done during daylight hours, or perhaps from 7 a.m. to 7 p.m.

Other ODL conditions could include an ignition interlock device. This gadget is basically a portable breathalyzer attached to the vehicle’s ignition. The operator must provide a chemical sample lower than .04 to start the vehicle.

Operators must periodically provide chemical samples while the motor is running. The vehicle will not restart if the defendant has too many rolling refusals or a rolling sample is above the pre-set limit.

IIDs usually have cameras, so only the defendant can provide chemical samples. The defendant is usually responsible for all IID maintenance costs, as well as installation and removal costs.

Rely on a Diligent Tarrant County Attorney

Pre-conviction DWI license suspension is common in Texas. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. After-hours visits are available.