Loss of Driver’s License

Challenging a DWI Driver’s License Suspension in Denton County

In Texas, one of the consequences of a DWI arrest or conviction is the loss of your driving privileges. The length of the suspension period depends on several factors, such as whether you have a prior conviction. But any amount of time without the lawful ability to drive can seriously affect your life. Depending on your situation, it may be possible to challenge the suspension of your driver's license at an administrative hearing or a criminal trial. To do so effectively, you must have a lawyer on your side who knows how these processes work.

At Marsala Law Group, our Denton lawyers have represented clients at both administrative hearings and criminal trials. Backed by extensive experience in DWI defense, we understand the laws, your rights, and the legal system. Our team provides personalized attention, and we will be available throughout your DWI matter. Developing innovative strategies for your particular circumstances, we can fight back against the accusations made against you and seek to protect your driving privileges.

Discuss your situation with a member of our firm by calling (940) 386-6848 or submitting an online contact form today. Your initial consultation is free.

Administrative Driver's License Suspension

When you're arrested for a DWI, two processes are at work: the administrative and the criminal. The outcome of either can affect your driving privileges.

The first process is through the Administrative License Revocation (ALR) program. It may begin immediately following your DWI arrest.

When an officer pulls you over on suspicion of driving while intoxicated, they may subject you to field sobriety tests to determine whether or not you have alcohol in your system. If probable cause exists suggesting you are drunk, the officer will arrest you and request that you take a chemical test to measure your alcohol concentration.

Two possible scenarios can lead to a driver's license suspension at this step:

1. Chemical test refusal: Under Texas's implied consent laws, if you drive on public roads, you are deemed to have given your permission to be subject to a chemical test upon a DWI arrest. You can refuse to provide a sample, but that may result in your driver's license being suspended. Additionally, your refusal will lead to the arresting officer taking your driver's license card and issuing a temporary permit that's valid for 40 days.
2. Chemical test fail: In Texas, a person is presumed to be intoxicated if their alcohol concentration is .08 or higher. Thus, if you take a chemical test, and the results indicate that your alcohol concentration is over this limit, you "fail" the test, and your driver's license may be suspended. If you take a chemical test, the arresting officer won't immediately confiscate your driver's license card. Rather, a temporary driving permit will be mailed to you after the results are received. Again, the temporary permit is valid for 40 days.

Regardless of which of the above scenarios applies to you, you have a certain amount of time to request an administrative hearing to contest the driver's license suspension. During the hearing, you must provide evidence supporting your assertion that you should be allowed to maintain your driving privileges.

The ALR hearing is not to determine whether you are guilty of driving while intoxicated.

Instead, the following issues will be considered:

• Whether the officer had probable cause to stop and arrest you
• Whether there was probable cause to believe you were intoxicated
• Whether you were lawfully arrested when you were asked to provide a sample for a chemical test
• Whether you refused the chemical test

An Administrative Law Judge will determine whether or not your driver's license suspension should be upheld.

If the case is not decided in your favor, the suspension periods are as follows:

If you are 21 years of age or older:

• Refusal:
  • 180 days for a first offense
  • 2 years for a prior chemical test refusal or fail or previous DWI conviction within the past 10 years
• Fail (alcohol concentration of .08 or higher):
  • 90 days for a first offense
  • 1 year for a prior chemical test refusal or fail or previous DWI conviction within the past 10 years

If you are under 21 years of age:

• Refusal:
  • 180 days for a first offense
  • 2 years for a prior chemical test refusal or fail or previous DWI conviction within the past 10 years
• Fail (having any detectable amount of alcohol in your system):
  • 60 days for a first offense
  • 120 days for a prior chemical test refusal or fail or previous DWI conviction within the past 10 years
  • 180 days for two or more, in any combination, chemical test refusals or fails or previous DWI convictions within the past 10 years

Criminal Conviction Driver's License Suspension

The second way you can lose your driving privileges in a DWI matter is through a conviction. This punishment is separate from those imposed by the DPS after an ALR hearing.

The possible suspension periods are as follows:

• Up to 1 year for a first conviction
• Up to 2 years for a second or third conviction

We're Here to Help

If you've been charged with a DWI, our Denton lawyers will guide you through the processes of challenging your driver's license suspension (as well as the criminal charge). We'll provide zealous advocacy throughout your case.

To get started, call Marsala Law Group at (940) 386-6848 or contact us online today.