Driving While Intoxicated (DWI) laws are one of the ways in which Texas lives up to its reputation as being a “tough on crime” state. In Texas, your third DWI charge is automatically a felony. Contrast this with some other states like North Dakota, where your third DWI is usually a misdemeanor and your fourth DWI is a felony, but only if it happens within 15 years of your first. It is not hard to get sentenced to a long prison term for DWI; in fact, several people are currently serving life sentences for repeat DWIs in Texas, including a woman who, in all of her six DWIs, has never caused an accident. The tough criminal penalties are not the only reason Texas drivers should think twice before getting behind the wheel after drinking, though. It is also possible to get your license suspended in connection with DWI completely independently of criminal court proceedings because of the Administrative License Revocation (ALR) program.
Facts About the Administrative License Revocation Program in Texas
- Regardless of what happens in criminal court, Texas can suspend your driver’s license if you refuse a breath test to measure your blood alcohol content (BAC).
- Likewise, your license can get suspended if your BAC measures at least 0.08 on a breath test or blood test.
- The ALR program applies to boating while intoxicated (BWI), as well, not just DWI.
- The period of license suspension through the ALR program can last anywhere from 90 days to two years.
- According to the ALR program, the period of license suspension normally begins 40 days after the traffic stop where you failed or refused the sobriety test.
- You can request a hearing to avoid having your license suspended. If you do not request a hearing within 15 days of the sobriety test that you failed or refused, then your license suspension begins 40 days after the sobriety test. You can request a hearing through the Texas Department of Public Safety website.
- The reinstatement fee to get your driver’s license back at the end of the suspension period is $125.
- If you have a commercial driver’s license, the ALR program can suspend it for one year.
Occupational Licenses
Getting your driver’s license suspended is a major inconvenience, especially in a sprawling city like Houston where sidewalks and public transportation are less than plentiful and where the temperatures stay in the triple digits for several weeks almost every summer. The state of Texas understands that people need to drive in order to get to work and school, and therefore, if your driver’s license has been suspended through the ALR program, you can apply for an occupational license. The occupational license gives you limited driving privileges; it lets you drive on trips related to work, school, and caring for your family, but not for recreation. The occupational license only entitles you to drive a personal vehicle, not a commercial one.
Contact Madrid Law About DWI Cases
Mario Madrid will provide sound legal advice and legal representation for defendants in DWI cases. Contact Madrid Law in Houston to discuss your case.
