OCCUPATIONAL LICENSE | FORT WORTH DWI ATTORNEY

SAVING YOUR ABILITY TO DRIVE FROM A DWI ARREST

if you get arrested for a DWI or a DUI in Tarrant County, then you are likely facing a driver’s license suspension that will have an adverse effect on your daily life and you will likely need to request an ALR hearing.

The two most common lengths of driver’s license suspensions from a DWI arrest are:

  1. 90 days if you provided a breath or blood test that was above the legal limit (0.08), or
  2. 180 days if you refused to provide a sample of your breath or blood.

Note: these suspensions may be longer if you have previously had DWI contacts or suspensions.

If your license is suspended for a DWI after being read the DIC-24 statutory warning by a law enforcement official, then your license suspension will likely begin 40 days from the date of your arrest (if it’s a refusal or a breath test failure).  The license suspension might be later on if you agreed to do a blood test because the notice of suspension will not go out until the blood tests results are back indicating a blood alcohol concentration above a 0.08, thus triggering the ALR suspension.

The law allows for individuals facing a driver’s license suspension the ability to appeal the suspension by requesting an ALR Hearing through the Texas Department of Public Safety (DPS) and the State Office of Administrative Hearings (SOAH).  This is a completely separate process from the DWI criminal case and requires immediate action from the time the suspension goes into place to preserve your right to fight the suspension.

15 DAYS TO REQUEST A HEARING

You have 15 days from the date of arrest and notice of suspension to request an ALR Hearing, otherwise your license will be suspended 40 days from the date of arrest.  If you request a hearing, then the suspension will be on hold until the hearing is conducted and the Judge makes a ruling.

THE ALR HEARING

Once the hearing has been requested, than we will receive notice of an ALR Hearing to be conducted by a prosecutor at the State Office of Administrative Hearings (SOAH). As noted above, this is a separate process from the criminal case itself.  Furthermore, it’s a completely different prosecutor and office that handles these hearings.  The sole purpose of the ALR hearing is to determine if the State has met their burden to suspend your license.

For retained DWI clients that want to fight their suspension, the process includes sending a subpoena to the arresting officer and cross-examining at the ALR hearing to see if they made any errors that could help save your license.  This could also assist us in the pending DWI charge as well if we are able to uncover an issue at one of these hearings (i.e. the State lacked probable cause to stop or make an arrest for a DWI). If the Judge rules in our favor, then your license does not get suspended.  If they Judge rules that the State met their burden or you chose/missed the deadline to contest the suspension, than you still have the opportunity to continue to drive by obtaining an occupational license.

OCCUPATIONAL DRIVER’S LICENSE IN TARRANT COUNTY, TEXAS

In the event that an ALR Hearing was not requested within 15 days of your DWI arrest, or if the ALR Hearing judge upholds your driver’s license suspension, then our firm can assist in getting you an occupational driver’s license, which will allow you to still drive to and from work while your license is suspended.

Often times, a Judge may require you to follow certain conditions while you are driving under an occupational license.  These may include: operating your vehicle with an ignition interlock device (breathalyzer), keeping a log book of where you are driving to, attend AA meetings, or restrict when and where you can drive.  Typically, you are allowed to drive for essential needs (work, school, food, kids).

CONTACT A FORT WORTH DWI LAWYER TO HELP WITH A DWI LICENSE SUSPENSION AND OBTAINING AN OCCUPATIONAL LICENSE

Call today to speak with an experienced Fort Worth DWI Attorney to help request an ALR Hearing or help to obtain an occupational license and help try to save your ability to drive – 818-334-7900