How Do I Prevent My Driver’s License/Commercial Driver’s License From Being Suspended If I Failed Or Refused The Breath Test?

If you are arrested for and charged with DWI, there are two ways to prevent your driver’s license from being suspended:  Timely  request  and  win an ALR hearing; or Even if you lose the ALR hearing, you can still prevent your license from  being  suspended  by being found “not guilty” of the DWI charge. You have 15 days from the day  that  you  received written notice that your driver’s license will be suspended to request an ALR hearing-not 15 days from the date of arrest.  sually  an  officer  will  serve  this  written notice on you after you are arrested for DWI and  either  fail  or  refuse chemical  testing.   If the officer fails to serve you with notice of your license suspension, the  DPS  will  mail  a  notice to you,  via  certified  mail,  that  your  driver’s  license  is  subject  to  suspension.

This  is important because instead of the 15 days to file for a hearing from the date of your arrest, you now have 15 days from the date you receive the DPS notice.   If you fail to request  a hearing, you waive that right and  your  license  will  be  suspended  on the 40th day after receiving notice of suspension.  If  the  officer  fails  to  provide  you  with notice of your license suspension, the DPS will mail a notice to you, via  ertified  mail that your driver’s license is subject to suspension.  When  you  request  an  ALR  hearing, the suspension of your driver’s license  is  stopped  while  you  await  the  hearing.  If  your  ALR hearing is scheduled more than 40 days after you  receive  notice  of  suspension,  your  attorney can ask the DPS  to  extend  your  temporary  license beyond the 40-day limit until your ALR hearing takes place. You have the right to appeal even if you lose your ALR hearing. You must request  the  appeal  within  30  days  after  the ALR judgment becomes final or you waive the right to appeal and your driver’s license will be suspended on the 40th day after the  judgment  becomes  final.

While  you are waiting  for the  appeal to be heard, your driver’s license suspension is stopped for a 90-day period. Your license will be suspended on the 91st day, even if your appeal has not been ruled upon, but  if  you win your appeal, then  your suspension judgment is overturned.   However,  your  driver’s  license  will  be suspended on the 40th day after the final  judgment  while  waiting  for  your appeal to be heard if you  have  been  convicted  of  an  alcohol related offense or had any suspensions imposed against your driving privileges within the past 10 years or if your driver’s license has been suspended in relation to a drug or  alcohol  related  offense  in  the past 10 years. However, the suspension is overturned if you win your appeal.

How Long Can I Lose My Driver’s License/Commercial Driver’s License If I Refuse The Breath Test?

90 days unless you timely request and win an ALR hearing or are found not guilty at trial.

How Long Can I Lose My Driver’s License/Commercial Driver’s License If I Fail The Breath Test?

180 days unless you timely request and win and ALR hearing or are found not guilty at trial.

Can I Still Lose My Driver’s License/Commercial Driver’s License If I Take A Chemical Test And My Bac Is Below 0.08?

Yes,  but only if you are convicted for DWI or a related offense in a criminal proceeding. You  will not lose your driver’s license in a civil ALR proceeding if you “pass” a breath, blood, or urine test by having a Bac below 0.08 while driving.

Can Texas Suspend My Out-Of-State Driver’s License?

No, but  Texas can prevent you from  applying  for a  Texas  license  during  the period of suspension.  Also, you may face a license suspension in your own state if Texas notifies it of your suspension in Texas.

What Happens If I Am Caught Driving While My Driver’s License Is Suspended?

You could be charged with the offense of Driving While License Suspended (DWLS), a Class B Misdemeanor. The punishment range for DWLS is term in jail of not less than 3 days and not more than 180 days in jail and a fine not to exceed $500.00. Each time your are caught driving while your license is suspended could constitute a separate offense and if you get a second DWLS, it can be enhanced to a Class A Misdemeanor – maximum of 1 year in jail and a fine of not more than $4,000.00.

Is There Any Way That I Can Legally Drive While My Driver’s License Is Suspended?

Yes.  You can petition the court for an occupational  license  unless you have a suspended commercial driver’s license or have already had an occupational license within the last 10 years.  An order granting an occupational license remains valid until the end of the period of suspension of  the person’s regular driver’s license. You must show the court “essential need”  (need to drive because of work, school, household duties, etc.)  in  order to be granted an occupational license.  If  the court grants  your  petition for an occupational license, you will be allowed to drive up to 12 hours a day of your choosing.  If  your license is suspended for failure or refusal of chemical tests, the court will require you to take  a  program  approved by the court  that is designed to provide counseling  and rehabilitation services to persons for alcohol dependence. The court may also require you to install an ignition interlock device in your car and comply with terms  similar to DWI probation in the order granting your occupational license.

Within 30 days of obtaining the order granting you an occupational license, you must file it with the Department of Public Safety along with the following documents:   A  SR-22  from  your insurance company A reinstatement fee of $125. A $10 fee for the brown occupational driver license A SR37 It is  also  important  to  note  that  you  commit  a  Class B  Misdemeanor  if  you  hold  an occupational license  and  either  operate  a  motor  vehicle  in  violation  of  a  restriction imposed on the license  or  fail  to  have  in  your  possession a certified copy of the court order granting the occupational license.  Moreover,  the court that signs an order granting an occupational license may issue,  at  any  time,  an order  revoking the license for good cause.

What is  a Surcharge?

A surcharge is an administrative penalty charged by DPS as a fee for a person to maintain their driver’s license after they  have  suffered  either a  DWI conviction or submitted to a breath, blood or urine test which  reveals  an  alcohol concentration of 0.16 or more.   The surcharge is assessed for 3 years following either of  these  two events.   Specifically,  the surcharges are: $1,000.00 per year for DWI 1st conviction – total of $3,000.00; $1,500.00 per year for subsequent DWI convictions- total of $4,500.00;  and, $2,000.00 per year for registering a 0.16 or more – total of $6,000.00.

How Do I Get My License Reinstated Once The Suspension Is Over?

If your driver’s license is suspended, it may not  be  reinstated  until you pay DPS a fee of $125.00 in addition to any other fee required by law.  You may also be required to have a SR-22 on file with DPS for one year after your license has been reinstated.

Call the Carroll Law Firm and schedule a free 30 minute consultation with Lynn Carroll at 214-749-7777.  Time is of the essence when you deal with a DWI charge!  Lynn Carroll has 15 years of experience and practices in Dallas, Ft. Worth, Denton, McKinney, Rowlett, Rockwall, Terrell, Greenville, and Ennis.   

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