After a DWI arrest, your ability to drive can be affected before your criminal case is resolved. Strict deadlines apply, and missing them can result in an automatic license suspension. Acting quickly, especially within the first few days, is critical to preserving your driving privileges.
Step 1: Understand That License Suspension Is Separate From the Criminal Case
One of the biggest mistakes people make after a DWI arrest is assuming that the criminal charge and license suspension are the same process. They are not.
Your driving privileges can be suspended through an administrative process that begins immediately after arrest, regardless of whether you are ultimately convicted. This means you could lose your license even if the criminal case is later dismissed.
Step 2: Pay Attention to the 15-Day Deadline
After a DWI arrest, you have 15 days to request a hearing to challenge the suspension of your license.
If you do nothing:
- Your license suspension will automatically begin
- You lose the opportunity to contest the suspension
- You may face months without driving privileges
Requesting this hearing is one of the most important steps you can take.
Step 3: Request an Administrative License Revocation (ALR) Hearing
The ALR hearing is your chance to challenge whether your license should be suspended. During the hearing, there must be evidence that:
- The officer had reasonable suspicion to stop you
- There was probable cause for the arrest
- You refused or failed a breath or blood test
An attorney can cross-examine the arresting officer and challenge weak points in the state’s case. In some situations, winning the ALR hearing allows you to keep your license while the criminal case is pending.
Step 4: Know How Testing Affects Your Driving Rights
The threat to your license depends on what happened during chemical testing. For example:
- Refusal can trigger a longer license suspension
- Failing a test can still trigger suspension, even if this is your first offense
- Blood tests often delay suspension, but the court could still order it eventually
Each scenario has different timelines and consequences, making early legal advice necessary.
Step 5: Look Into an Occupational License to Protect Your Ability to Work
If your license is suspended, you may still be eligible for an occupational driver’s license. This type of license limits your driving ability but ensures that you can still operate a vehicle for work and for other reasons deemed necessary by the court.
There are specific eligibility requirements, and approval is not automatic. A court order is required, and strict limitations apply.
Step 6: Avoid New Violations While Your Case Is Pending
Any new traffic violation or arrest while your DWI case is pending can make it harder to protect your driving privileges.
This includes:
- Driving while your license is suspended
- Ignoring ignition interlock requirements
- Violating bond or court conditions
Even minor violations can result in harsher penalties.
Step 7: Contact an Attorney
Suppose you were arrested for DWI in Texas. Missing the 15-day deadline can mean losing your license before your case ever reaches court. Tyler Brock Law Firm focuses on protecting clients at this critical early stage after a DWI arrest.
To understand your options and take immediate action to protect your driving privileges, contact us for a consultation. Acting now can make the difference between keeping your license and facing months without it.
