DWI License Suspension Lawyer in Montgomery County

What you should know about Texas license suspension laws

Many people in Conroe and across Texas who are pulled over for DWI do not realize that a Texas drunk driving arrest creates two cases. More specifically, a DWI arrest results in a criminal charge, but it also initiates a civil proceeding against the arrested motorist's driving privileges called an administrative license revocation, or ALR.

An ALR suspension is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose an ALR suspension against a driver lies in the Texas implied consent statute.

Is your license immediately suspended after a DWI in Texas?

Many police officers, after arresting a citizen, will tell the arrested driver that if he does not agree to take a breath or blood test that his license will be automatically and immediately suspended. This is incorrect. When making an arrest for DWI, police officers are required to take possession of any Texas license issued by this state and held by the person arrested and issue the person a temporary driving permit that expires on the 41st day after the date of issuance. Further, a request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing takes place.

If you are arrested, you should act promptly in requesting a hearing. You have 15 days from the day of your arrest to request a hearing (and you must do so in writing). This is why you need an experienced DWI defense lawyer who thoroughly understands Texas’ DWI laws on your side.

How long can your license be suspended for?

The length of a license suspension depends on several factors, including whether it’s your first or second DWI offense and whether you refused or failed the breath or blood test. For a first-time offense, the suspension could last from 90 days to one year. For a second or third DWI, the suspension period is longer—typically ranging from 180 days to two years.

Getting your license back after a DWI

To get your license back after a DWI in Texas, you’ll need to meet certain conditions, such as completing any required alcohol education programs, paying reinstatement fees, and fulfilling any other legal obligations. If you have any questions about the eligibility for reinstatement, a DWI attorney can help.

Can you get a conditional license after a second DWI?

Yes, it is possible to get a conditional license (also known as an occupational or restricted license) after a second DWI in Texas. This type of license allows you to drive for essential purposes, such as commuting to work, school, or medical appointments. However, obtaining one is not guaranteed and often depends on the specifics of your case.

What happens after an ALR suspension notice?

After your arrest, the police will notify you of the impending ALR suspension. You’ll have 15 days to request a hearing to contest the suspension. If you don’t request a hearing, your driver’s license will be suspended after the 40-day temporary permit expires. If you do request a hearing, the suspension will be delayed until the hearing is held.

Contact a criminal defense lawyer in Texas

For more information, visit our "ALR hearing" page on the website. If you were arrested for DWI in the Houston area, contact an experienced Conroe criminal defense lawyer. Call 1-800-395-5951 to see how Amanda Webb - DWI Lawyer can help.