At the time of your arrest, the police officer likely presented you with a Notice of Suspension/Temporary Driving Permit (DIC – 25). Hopefully you have thoroughly read this document and are aware that your driver’s license will automatically be suspended 40 days from the date of arrest (or the date you were served with the notice, whichever is later) unless you or your attorney requests a hearing in the manner prescribed by law. The importance of requesting this hearing can not be overstated.
An arrest for DWI can lead to suspension of your driver’s license under two circumstances
1) ALR suspension as a result of refusing to take or failing a breath/blood test; and
2) consequence of criminal conviction for DWI.
If you drive while your license is under suspension, you may be charged with Driving While License Suspended, a misdemeanor. If you do so while on probation for your DWI offense, you risk having your probation revoked.
ALR - ADMINISTRATIVE LICENSE REVOCATION
The ALR process was started in 1993, with the State's goal of "provide an efficient and fair process for suspending the driver's licenses of individuals who choose to drive on Texas highways while intoxicated." (Their words, not mine!!) HOWEVER, the words "Fair Process," in my opinion, have not been accurate. The very words of their mission statement, seem to me, to indicate they already feel that you were intoxicated!
The hearings, conducted by "SOAH," the State Office of Administrative Hearings, will be held in front of an Administrative Law Judge.
In order to have any kind of chance at these hearings, you will need a knowledgeable attorney, who knows the ins and outs of the ALR Process!
If you hire me, the first step I take in your DWI case is to file notice requesting a hearing.
ODL - OCCUPATIONAL DRIVERS LICENSE
Even if we are not successful at saving your license at the ALR process, you may be eligible for an Occupational Driver's License.
An occupational driver’s license is a restricted license issued by DPS which allows you to drive to and from work, school and in the performance of necessary household duties during the period of suspension. The license may limit the times you are allowed to drive to specified hours, counties or roadways. Alternatively, the court may authorize you to keep a log detailing your driving activities which can be inspected to ensure that your driving does not exceed what the judge has authorized.