Many people ask if your driver's license will be suspended as part of a DWI case. There are two different types of driver's license suspensions that can happen as a result of a DWI case, and it is important to talk to a lawyer about both of them. One is called an ALR suspension, and the other is a suspension that occurs because of a conviction for DWI.
For all DWI and DUI cases, a hearing on whether your arrest was constitutional can be requested, but only within 15 days after your arrest. Because of that strict time period, it is important to get in touch with a lawyer quickly. The hearing that is requested through this process is called an ALR, standing for Administrative License Revocation hearing. If you or your attorney doesn't request this hearing within 15 days, your driver's license will be automatically suspended 40 days after your arrest. Unfortunately, if the hearing isn't requested within that 15 day period, there is nothing we can do to avoid the suspension.
After requesting an ALR, an attorney can request discovery about your case and require an officer to appear and testify on the record before your trial. This is an excellent opportunity for a skilled lawyer to begin your DWI defense, by preserving the officer's testimony for trial. This ALR hearing is separate from your criminal case, but is about the same subject matter.
If you or your lawyer do not request this hearing within 15 days, your license will be automatically suspended on the 41st day after your arrest. If you would like to talk to an experienced DUI lawyer near San Antonio, TX, call us today.
There are two unique driver's license suspensions in a DWI case. One occurs at the beginning of the case where DPS attempts to suspend your driver's license simply because you were arrested. That was the ALR suspension described above. The second one happens at the time of a conviction through either a plea or guilty verdict at trial. These suspensions can range in length from 90 days to two years, and the associated fees can range from $135 to $5,000. It is important to hire a lawyer who understands the collateral consequences of a DWI on your driver's license. Sometimes there are ways to avoid this second type of suspension. It is important that your lawyer understand the collateral consequences to a DWI arrest as they relate to your driver's license being suspended.
If your driver's license is suspended for either the ALR suspension or the suspension resulting from a conviction; we can get you an occupational license that allows you to drive to and from work as well as to do essential household tasks. Basically, you are allowed to drive your kids to school, or go to the grocery store but not to the bar or a restraunt or your buddy's house to watch a game.
If we are looking to get you an occupational license because of a DWI suspension, there are a couple of things we need to do before we can apply for the license. We need to get a special type of insurance called SR-22 insurance. We need to get a certified copy of your driving record. We have to get together the filing fees associated with getting the license. And any Occupational License for a DWI suspension will need the Ignition Interlock device installed to be a valid license. Lastly, a person with an occupational license needs to keep a log of when and where they are driving. I recommend getting a notebook you leave in your car.
Contact my office immediately to get a free consultation on how I can help you defend your driver's license.