Texas Driver’s License Suspension Hearing Lawyer
When a driver either fails or refuses to submit to a breath/blood test, the resulting suspension against his/her driving privileges becomes effective forty (40) days after the driver was asked to provide a breath or blood specimen unless the person or his/her attorney requests a license suspension hearing within fifteen (15) days of his/her arrest. Therefore, the suspension for failing or refusing a breath or blood test is only automatic if the driver fails to request an Administrative License Revocation hearing (ALR).
The law requires the Police to take possession of a person’s Texas driver’s license after being arrested for DWI. This makes if very difficult for someone to travel on business and get a rental car if necessary. That is why it is very important to hire an attorney experienced with the ALR process because it is possible to prevent the suspension of the driver’s license. Then the Department of Public Safety (DPS) is obligated to return the Texas license to the person arrested.
Our Dallas DWI lawyer with vast experience, Murray L. Bristol, will defend your license suspension hearing by requesting an ALR Hearing and require DPS to prove by a preponderance of the evidence at the hearing, that:
- that there was reasonable suspicion to stop or probable cause to arrest the driver;
- that probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated;
- that the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test; and,
- that the driver refused to give a specimen on request of the officer, OR, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.
Another benefit you gain by requesting a hearing is that you are able to get discovery all of the arrest reports and if the officer testifies at the ALR, our attorney will lock the officer down on his/her testimony. This sworn testimony is very valuable for the defense of DWI because you know what the officer is going to say and if the facts change, the jury will know it.
If you fail to fight the suspension or if the ALR hearing is unsuccessful, the penalties are:
- 90 days with no alcohol or drug related “enforcement contacts” listed on driving record within 10 years prior to date of the offense.
- 1 year with one or more alcohol or drug related “enforcement contacts” listed on driving record prior to date of offense within 10 years of date of the offense.
- 180 days with no alcohol or drug related “enforcement contacts” listed on driving record within ten years prior to date of the offense.
- Two years with one or more alcohol or drug related “enforcement contacts” listed on driving record prior to date of offense within ten years of date of the offense.
Occupational Driver’s License
In the unfortunate circumstance that your drivers license has been suspended, you can apply for an Occupational Driver’s License (a work permit license). You must show good cause for why an Occupational Driver’s License is needed, but that cause can be quite broad and can include homemakers who need a car to buy groceries, unemployed persons who need a car to get to medical appointments, or students who drive to school. The granting of an Occupational Drivers License requires the filing of a Petition and getting an Order signed by a judge granting you the right to drive. This includes a filing fee and various other expenses that the Department of Public Safety requires, including but not limited to SR-22 insurance and reinstatement and issuance fees.
An Occupational Drivers License will have restrictions, depending upon your offense. Failing or failure to take a breath test will usually result in license restrictions allowing you to drive only 12-hours each day in certain counties.
Clearly, an Occupational Drivers License is expensive and restrictive. It is the best option in a bad situation, but it is not the best option available.
Your best option is to hire a Texas driver’s license suspension lawyer who will aggressively defend you at the license suspension hearing. At the DWI / DUI defense law firm of Bristol & Dubiel LLP, our experienced drivers license revocation attorney, Murray Bristol, will make every effort to sink the case against you.
If you would like to speak to a knowledgeable, dedicated and aggressive Dallas occupational driver’s license lawyer, please call our office at (214) 880-9988, or if you prefer, contact us through the form on this website, and an attorney from our office will contact you promptly for a free consultation.