Is My License Still Valid After My DWI Arrest?

The short answer to this question is “Yes, your Texas driver’s license is still valid immediately following a DWI arrest.” However, the status of your driving privileges can, and will, quickly change if the driver in question fails to take certain steps. Unlike other crimes, arrests for driving while intoxicated involve not only criminal charges, but also a civil case regarding the suspension of the accused’s driving privileges. While a license suspension won’t begin immediately following arrest (and can be prevented), it will occur if a driver doesn’t challenge the suspension before the deadline.

Receiving a Notice of Suspension Upon Arrest

In Texas, if a driver is arrested for driving while intoxicated, his or her license won’t automatically be suspended. A person in this situation will, however, receive a Notice of Suspension at the time of arrest and have his or her physical ID confiscated (unless the person consents to a blood draw, in which case the blood will need to be tested first and the notice will be mailed to the defendant). This notice serves two main purposes, as it both:

• Informs the driver of his or her rights to challenge the suspension; and
• Acts as a temporary driver’s license.

These temporary licenses will only last for 40 days, as they are only intended to give drivers a chance to arrange for other modes of transportation. That is, unless, the driver makes a timely request for an ALR hearing (discussed below).

Challenging an ALR Suspension

Upon receipt of a Notice of Suspension, a driver will have 15 days to request an official Administrative License Revocation (ALR) hearing, where he or she can challenge the suspension. Those who fail to make such a request or to attend the hearing can expect their driver’s license to be suspended on the 40th day after their arrest. Those who make a timely request for a hearing, on the other hand, will have their potential license suspension placed on hold at least until after the hearing is conducted. This short window of time is why it’s so important for those who have been arrested for driving while intoxicated to start working with a DWI attorney as soon as possible. A lawyer who is well-versed in Texas DWI law can ensure that your own license isn’t suspended due to a missed deadline or a failure to request a hearing.

Were You Arrested for Driving While Intoxicated?

It’s important to note that ALR suspensions are separate from criminal cases, which means that someone who is accused of driving while intoxicated can have his or her license suspended before even being convicted of the DWI offense. Fortunately, it is possible to avoid such a suspension, so if you were recently arrested for driving while intoxicated in Texas and are concerned about the status of your driving privileges, don’t hesitate to reach out to our skilled San Marcos and Hays County, Texas DWI lawyers for advice. At The Law Offices of David C. Hardaway, we know how stressful it is to be barred from driving, even temporarily, and are prepared to use our years of experience to help you avoid an unfair driver’s license suspension. Call our office at 512-805-6613 to get started.

Source:

 dps.texas.gov/section/driver-license/administrative-license-revocation-alr-program