In Texas, if a person is charged with DWI (driving while intoxicated), they may face consequences related to their driver's license, including suspension or revocation. These consequences can have significant impacts on a person's ability to drive, work, and maintain their daily routine.
When a person is arrested for DWI in Texas, the law enforcement officer will confiscate their driver's license and issue them a temporary driving permit. This permit is valid for 40 days, during which time the individual has the right to request an administrative license revocation (ALR) hearing to challenge the suspension or revocation of their license.
If the individual does not request an ALR hearing within 15 days of their arrest, their driver's license will be automatically suspended 40 days after the arrest. The length of the suspension depends on the individual's BAC (blood alcohol concentration) at the time of the arrest and whether they have any prior DWI convictions.
For a first-time DWI offense, the license suspension may be for 90 days to one year. For a second DWI offense, the license suspension may be for 180 days to two years. For a third or subsequent DWI offense, the license suspension may be for up to two years.
In addition to the administrative license suspension, a person charged with DWI in Texas may also face criminal charges that carry additional penalties, including jail time, fines, and community service. If the individual is convicted of DWI, their driver's license may be suspended or revoked for an additional period of time.
If a person's driver's license is suspended or revoked due to a DWI charge, they may be able to obtain an occupational driver's license, also known as a hardship license. An occupational driver's license allows the individual to drive for specific purposes, such as going to work, school, or medical appointments. To obtain an occupational driver's license, the individual must file a petition with the court and show that they have a valid need to drive.
It is important to note that the consequences of a DWI charge in Texas can vary depending on the individual's circumstances. Factors that may impact the outcome of a DWI case include the individual's BAC at the time of the arrest, whether there were any passengers in the vehicle, and whether there was any property damage or injury resulting from the incident.
If you have been charged with DWI in Texas, it is important to seek the advice of a qualified criminal defense attorney. An experienced attorney can review the facts of your case and help you understand your options for fighting the charges and protecting your driving privileges.