In addition, since you’ve refused or failed a blood or breath test after your arrest, you may have your driver license suspended.
Your driver license suspension can last from 90 days to two years and result in an automatic one-year disqualification if you have a commercial driver license.
According to the Texas Department of Public Safety:
“Driving while license suspended (DWLS) is a misdemeanor and has a punishment range of 3 days to 180 days in jail and/or a fine from $100 to $500. A new offense is committed every time a person drives DWLS. Each of these punishments may be probated.”
If you get a driver license suspension, you may apply for an occupational driver’s license (ODL) which limits where you can drive (only certain counties).
To get an ODL, you may need to show “good cause” which means you need your license for going to and from work, taking children to school, running necessary errands like going to the grocery store, or the doctor for treatment.
You’ll also be required by the court to install an alcohol interlock device on your vehicle.
ALR Hearing and Getting your driver license back
According to the Texas Department of public safety, the ALR hearing or
“Administrative License Revocation (ALR) Program is a civil administrative process unrelated to criminal court proceedings. The ALR Program applies to individuals arrested for Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI) and refuse to take or fail a blood or breath test.”
In certain circumstances, you can request a hearing for an administrative license revocation (ALR) to contest your driver license suspension.
If you submit the request within the required 15 days, DPS will send you a letter to the address on record. The letter will provide the date, time and location of the hearing, so make sure you allow up to 120 days for the hearing to be scheduled.
After the required 15 days, you’ll be notified by mail that your request has been denied.
Hearings are conducted by the State Office of Administrative Hearings.
When the hearing is held, the Administrative Law Judge (ALJ) will listen to all parties’ evidence.
After the hearing, the ALJ will issue a final, appealable decision and order that will be sent to the parties.
If the ALJ finds that DPS has proven its case, the ALJ’s order will authorize a suspension of your driver license.
If the ALJ finds that DPS has not proven its case, your driver license will not be suspended.
NOTE: If you have already been through the ALR hearing process and your driver license was suspended, you may be eligible to appeal:
If your driver license has been suspended because you refused or failed a police blood or breath test after you were arrested for DWI, call us or fill out the form below…
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