Driver License Suspension AND DWI
Priority DWI & License Suspension Content for Active Cases
Your First 15 Days following arrest - Critical Deadline:
- Day 1-15: Request ALR hearing or you lose your chance forever. If you consented to a blood test, your license cannot be suspended unless and until the results come back showing that your blood alcohol content is above the legal limit (.08). In blood consent cases you will receive a letter in the mail from the Department of Public Safety notifying you that your license will be suspended if a hearing is not requested within 20 days.
- Day 40: Automatic license suspension begins if no ALR hearing is requested, 90-day license suspension for a failed test, 180-day license suspension for a refusal to submit to a test
- You can request your ALR on your own behalf if you are fortunate enough to have received the Statutory Warning (DIC-24) and Notice of Suspension/Temporary License (DIC-25) forms from your arresting officer those forms will instruct you on how to make a request for a hearing, but the instructions can be difficult to understand for the lay person. If your request is inaccurate or insufficient your license will still be suspended. It is highly recommended that you have an experienced attorney make this request on your behalf to ensure that it is done timely and accurately.
If you were driving on a suspended license at the time of your arrest that could be grounds for an additional criminal penalty that include:
- 1. Class C Misdemeanor (most common)
- First offense: fine up to $500; no jail time
- 2. Class B Misdemeanor (escalated)
- If any of the following applies, the offense becomes Class B:
- You have a prior conviction for DWLI.
- You were driving without valid insurance at the same time.
- Your previous suspension was due to a DWI-related conviction
- Penalties: up to 180 days in jail and/or $2,000 fine
- If any of the following applies, the offense becomes Class B:
- 3. Class A Misdemeanor (most serious)
- If you were uninsured, and caused a crash that seriously injured or killed someone: up to 1 year in jail and/or $4,000 fine
- An additional reason for securing counsel to request your ALR is the benefit of creating verifiable proof that you properly made the request in case in event that you are stopped by a police officer during the pendency of your case to avoid these additional penalties.
- The most common reasons for an ALR suspension are failing to request it within the 15/20-day windows or providing inaccurate/incomplete information in the request
- What Is A DWI Specialist?
- 1st Offense DWI
- 2nd Offense DWI
- 3rd Offense DWI
- DWI Penalties
- Boating While Intoxicated
- BWI With Child
- DWI with CDL
- Driver License Suspension
- DWI Expunction
- DWI Probation
- DWI with Child
- Field Sobriety Tests
- Flying While Intoxicated
- Intoxication Assault
- Intoxication Manslaughter
- Marijuana DWI
- Pilots with DWI
- Public Intoxication (PI)
- DUI For Minors Only
-
“Gary Trichter is hands down the best attorney you will find. If you ever need representation this is the man to hire. He worked hard on the details of my case and was always available to talk.”- James F.
-
“I absolutely recommend, respect, and appreciate Gary and his team.They made the legal process easy, and were extremely helpful throughout the entire DWI ordeal. Gary specializes in Texas DWI cases and has a history of success. More importantly, in my opinion, is his fortitude, persistence, and unapologetic approach to these complacent DAs and Judges that seemed so eager to destroy my livelihood. Call Gary Trichter!! He will shoot you straight, and you will not regret hiring him and his team.”- Kyle O.
-
“Gary Trichter came recommended by a friend. I was told he was good but he's honestly fantastic! His staff, Cassie and Tracey are equally as awesome and so sweet! Gary is a very knowledgeable, caring, and creative lawyer. Call his office many times to talk about my case and I always feel like I get 100% attention. I highly recommend!”- Jenny S.
-
“Not only did Mr. Trichter guide me through the complex legal proceedings but he also took the time to explain the process to me in a clear and understandable way. His direct answers and understanding ear helped me vastly through my legal process. Thanks to you Gary!”- Seth L.
-
“I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!”- Luke F.
-
“Gary and his staff are absolutely the best attorneys you can get. They deeply care for their clients well being and will fight for the best outcome possible. Gary's knowledge of the law and his calm demeanor has put my mind at ease when I had a medical situation that was very scary and misunderstood by an officer. He told me" I will walk you through this" and he did just that! scince then he has became a trusted friend.”- Kevin J.
-
“I highly recommend this Gary Trichter for anyone in need of expert legal representation. Him and his team guided me through every step of the process and fought tirelessly for the best possible outcome. Truly great work.”- Kevin W.
-
“With all the charges against me, which were felonies I was in serious need of a wise exceptional attorney and Gary is just that. He got resisting arrest, illegal carry of a gun and an outstanding warrant for a car accident. All charges were dismissed.”- Erica S.
Understanding that you are involved in two separate legal battles that can result in a license suspension
Criminal Court vs. Administrative License Revocation
When arrested for a DWI there are two potential sources of a driver’s license suspension that are triggered
- ALR Case: License suspension related to the arrest and either the failure of a blood/breath test or the refusal to test. This potential suspension is independent of the outcome of the criminal case.
- Criminal Case: In many cases a conviction will lead to a suspension of your driver’s license
Because these two sources of possible license suspension are independent from one another it is possible to have a suspension from one and not the other and vice versa. Hiring an attorney experienced in handling DWI cases significantly increases your chances of avoiding these suspensions. It is a wise practice to have the lawyer you hired for your criminal case also handle your ALR. Why? The lawyer handling the ALR can you that process as a weapon by obtain not-guilty testimony to be used in the criminal case. You are cautioned that many so called DWI lawyers will do ALRs on paper only and not have contested hearings. Worse yet, many of those lawyers don’t even bother to watch the audio/video recordings of your arrest before doing an ALR hearing. Here, many times those videos provide great defensive evidence that can make a DWI loss a DWI winner as well as make an ALR loss an ALR winner.
At the forefront of the industry stands our visionary founder, Gary Trichter. He earned the distinction of being the very first Board-Certified DWI Specialist in Texas. This certification is only given by the National College of DUI Defense (NCDD) which is recognized by the American Bar Association.
Gary has spoken at hundreds of seminars on DWI and has taught lawyers, judges, and prosecutors about DWI law. Gary co-authored the textbook Texas Drunk Driving Law and is leading the way with unparalleled expertise in the field.
Driver License Suspension: What You're Actually Facing
Suspension Lengths and Consequences
- First offense: suspension of 90 days up to 1 year
- Second offense: suspension of 180 days up to 2 years
- Third offense or more: suspension of 180 days up to 2 years
- Commercial drivers
Your Driving Options During Suspension
- Occupational Driver License (ODL): If your driver’s license is suspended you can petition for an occupational driver’s license in most cases to allow you to continue to drive for essential tasks (work, activities related to your children, activities required for daily life, etc..)
- Requirements for ODL: To obtain an ODL you will typically be required to pay a filing fee, obtain an ignition interlock on your vehicle, obtain a high risk insurance policy (SR-22), and pay a reinstatement fee to the State ($125)
-
1st Board-Certified DWI Specialist in TexasOur Founder Gary Trichter was the 1st Board-Certified DWI Specialist In The State of Texas to earn the designation of “DWI Specialist”.
-
On The Forefront Of ChangeWe don't just push the envelope—we redefine its boundaries. We stand on the other side, shaping trends and crafting bold, effective defense strategies.
-
DWI Defense PowerhouseWe combine professional, aggressive criminal defense with caring, understanding legal counsel.