A license suspension can be the most damaging penalty following a driving while intoxicated (DWI) or driving under the influence (DUI) conviction. In many circumstances, a conviction is not even necessary to suspend a driver’s license; only suspicion of DWI is necessary. No matter the reasoning for a driver’s license suspension, it will seriously burden the individual, who may not be able to go to work, pick up their children from school, and so on.
If you have lost your license to suspension, or could soon depending on the result of your DWI case, you must take action. At Peveto Law, our Plano DWI attorney can help you learn your rights and how to defend your license from suspension or revocation. We have managed more than 1,000 criminal defense and DUI cases in the past and would be happy to put our unrivaled experience to good use for your case.
Call (972) 808-5117 today to request a free case analysis.
When a license is suspended, the individual affected may no longer legally drive themselves anywhere for any reason without breaking the law. Even in an emergency situation, they could be penalized for using their automobile, if the state decides to press charges. For a penalty so devastating, some may believe that it is a punishment that is used sparingly. The opposite is true, as there are numerous ways the state of Texas can take away a person’s driving privileges.
The Department of Public Safety (DPS) can suspend a license if a driver is:
The average DWI conviction in Texas will include a two-year license suspension. Depending on the details of the arrest, or how many previous convictions are on a person’s record, a suspension could increase to three years, or be escalated to permanent revocation.
Another form of license suspension, and perhaps one of the most common in the state, is triggered when a driver refuses to take a chemical test following a DWI arrest. A chemical test is a breath, blood, or urine test conducted at a station that calculates the blood alcohol content (BAC) level in a person’s system. Refusing a chemical test will automatically suspend a person’s license for 180 days, even if they are later found to have been completely sober and their criminal charges are dismissed.
An automatic license suspension can be challenged within 15 days of the suspension. Other forms of license suspension can be challenged within 20 days. This will schedule an administrative license revocation (ALR) hearing, during which the alleged offender can argue before a judge why they should not have their license suspended. Although they are not arguing whether or not they are guilty of a crime, they can still bring a DWI attorney to the hearing for legal guidance.
After a license suspension, the driver’s license will not automatically be returned to its original owner. A rigorous reinstatement process must be followed in order to regain driving privileges.
To regain your license after it is suspended for any reason, you must:
If you cannot wait for your suspension to end due to serious inconveniences, you should consider requesting a restricted license. A restricted license, sometimes called a hardship license, allows a driver with a suspended driver’s license to travel to certain important locations, such as their job or their child’s school. If pulled over, they must be able to prove that they were driving to or from one of the locations and had no intent to travel elsewhere. Talk to your lawyer about how to request a restricted license while your suspension is active.
When your license is suspended, it can feel like you have run out of options. Our team at Peveto Law understands what you are going through and genuinely wants to use the full extent of our legal knowledge and prowess to deliver you to a better tomorrow. Call (972) 808-5117 or contactus online today to speak to our Plano DWI attorney about your case.
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