Will I Lose My Driver’s License After a DWI?

Most people can stay behind the wheel after a DWI arrest or conviction.

The law assumes that driving is a privilege, not a necessity. But whoever came up with that phrase didn’t live in Dallas-Fort Worth, which was recently named the worst place in the nation to live without private transportation. Driving is a necessity in Ft. Worth, and a DWI conviction, or even a DWI arrest, could take you off the road for several months, or even several years.

Furthermore, driver’s license suspension does not just punish DWI defendants. It also punishes the children who depend on rides to and from school and other people unrelated to the DWI.

Fortunately, a Ft. Worth criminal defense lawyer attacks the state’s evidence at trial, creating a reasonable doubt as to the defendant’s guilt. Furthermore, in most cases, driver’s license suspension periods are negotiable, legal defenses are available, and a limited license is usually available.

Administrative License Suspension (ALR)

Under the Texas Administrative License Revocation (ALR) Program, the state can suspend your license regardless of a criminal conviction if any of the following happen:

• You refuse a breath or blood test after a DWI arrest, or
• You fail a breath or blood alcohol test (BAC of .08 or higher in most cases).

This suspension begins before your criminal case goes to court and often moves faster than your criminal charges. The ALR process is a civil proceeding. So, the burden of proof is lower, and most constitutional protections, such as the right to a Ft. Worth criminal defense lawyer, do not apply.

Although they vary in some jurisdictions, the typical ALR driver’s license suspension periods for adults are:

• Failed BAC test: about 90 days for a first offense,
• Refusal of test: about 180 days for a first refusal,
• Prior alcohol enforcement history or second refusal: longer periods (up to 1–2 years).

Unless the defendant, or the defendant’s Ft. Worth criminal defense lawyer, requests a formal hearing within twenty days of the arrest and contests this suspension, the full suspension period automatically goes into effect.

Since this proceeding is a separate civil action, even if your DWI charge is later dismissed, the ALR suspension can still stand unless you successfully fight it at the hearing.

Criminal Court-Ordered License Suspension

If you are convicted of a DWI in any Texas criminal court, the court almost always adds a mandatory driver’s license suspension to the sentence. The length mostly depends on how many prior DWI offenses you have:

• First DWI conviction: 90 days to 1 year suspension.
• Second DWI conviction: 180 days to 2 years.
• Third or subsequent conviction: up to 2 years suspension.

In some cases, especially with aggravating factors, like a high BAC (.15 or above), an accident causing injury, or a child in the vehicle, the suspension period could be longer.

What Happens if You Drive After Your License is Suspended?

Many people ignore the suspension and continue driving. These individuals almost invariably get caught, normally because they commit a minor traffic violation, such as an expired tag or changing lanes too close to an intersection.

Driving while your license is suspended after a DWI is a separate offense (Driving While License Invalid or DWLI) under Texas law. Depending on your criminal history and other factors, it can lead to:

• Fines,
• Jail time,
• Extended suspension periods, and
• Loss of occupational or restricted licenses.

Even if you qualify for a restricted or occupational driver’s license, violating the restrictions can result in further penalties and recriminalization of your driving privileges.

Can You Fight or Reduce a License Suspension?

Yes, in many cases, you can successfully challenge both administrative and criminal driver’s license suspensions:

At the ALR hearing, a Ft. Worth criminal defense lawyer can argue that the police lacked probable cause to administer a chemical test and/or that the test was unreliable.

At trial, procedural defenses (such as an illegal stop) and substantive defenses (such as a lack of evidence) are usually available. Furthermore, an attorney negotiates plea deals, potentially reduces charges, or argues for probation or deferred adjudication, which might lessen the severity of license loss.

In some situations, an Occupational Driver’s License may be available. ODLs enable people to drive for work, school, or essential needs while the suspension is in effect, especially if you act quickly and follow procedural deadlines.

Count on a Diligent Tarrant County Attorney

DWIs often, but not always, involve driver’s license suspension. 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. Virtual, home, and jail visits are available.