DWI and DUI charges--especially in Texas--are not taken lightly by law enforcement. These crimes and their related offenses are susceptible to harsh punishments, but while you may be familiar with jail time and expensive fines, you may be less aware of driver’s license suspension.
Having your driver’s license suspended can be the result of DUI related offense in the State of Texas. There are measures you can take to potentially re-acquire your driver’s license, but driver’s license procedures can be extremely complex, which is why a Denton criminal defense attorney is so, so necessary in situations such as these.
Have you recently been charged with a DWI or DUI, and you’re unsure of where to go next? If this sounds like you, The Law Office of Richard C. McConathy is here to provide you with the representation you need to navigate your driver’s license procedures. Hearings, trials, and other aspects of the criminal process can be extremely confusing, but our legal team is here to guide you through it all. Call today at 940-222-8004 for your free, no-obligation consultation.
● How long will my license be suspended if I’m convicted of a DWI?
● What is administrative license revocation?
● How does a DWI conviction affect juveniles and commercial drivers?
According to the Texas Penal Code Section 521.344, individuals can face driver’s license suspensions if/when convicted of a DWI or a DWI related offense.
Texas law states that a license suspension cannot begin prior to the date of the DWI conviction, and no later than the 30th day after conviction. The following are criminal driver’s license suspensions for a DWI offense according to the Texas Transportation Code:
● First-time DWI offense – 90 days to one year
● Second or subsequent DWI offenses – 180 days to two years
● Second or subsequent DWI offenses within five years of the preceding offense – One to two years
● Second or subsequent DWI Assault within five years – 90 days to one plus an additional one year
● First DWI manslaughter – 180 days to two years
● Second or subsequent DWI manslaughter within ten years – One to two years
● Under 21 DWI – One year
If you have been pulled over under suspicion of DWI and you refuse to partake in testing, you may be subject to administrative license suspension. This type of license suspension takes place when drivers refuse field sobriety testing, and it is effective immediately upon your refusal. According to the Texas Transportation Code Section 724.035, a first DWI test refusal can result in up to 180 days of driver’s license suspension.
Administrative license suspensions can be a huge impediment for your everyday life, but these suspensions are able to be fought. Under the Texas Transportation Code § 724.041, individuals have the right to request an administrative license suspension hearing within 15 days of receiving a written notice of their driver’s license suspension.
Denton takes commercial driving DWIs extremely serious. If an individual is a commercial driver and possess a CDL (commercial driver’s license), this means that the penalties of a DWI conviction could wind up being much more drastic than one would ever expect.
According to the Texas Transportation Code Section 522.081, first time DWI related offenses for individuals in possession of a commercial driver’s license will face a year-long suspension. If the individual was found transporting hazardous materials on behalf of their company or brand, the suspension period is increased to three (3) years.
Two or more DWI related offenses can result in lifetime bans of commercial drivers. An individual can be disqualified from driving a commercial motor vehicle for life if they are convicted of two or more DWI offenses, or commit a combination of the following infractions on separate occasions:
● Refuse to submit to alcohol testing,
● Are convicted of a DWI related offense,
● Have an alcohol concentration of .04 while operating the commercial vehicle, whether or not a conviction resulted, and/or
● Have an alcohol concentration of .08 while operating a motor vehicle, whether or not a conviction resulted.
If an individual under the age of 21 is convicted of a DWI offense, they may face a license suspension lasting up to one year, per Texas Transportation Code 521.342. In addition to this, Texas Trans. Code Section § 524.022 states that an individual under 21 is also subject to an automatic administrative license suspension if they have any detectable amount of alcohol in their system, even if they comply with law enforcement’s field sobriety testing.
Having a juvenile DWI on your record can be very damaging for your future. Many universities and employers thoroughly comb through the backgrounds of their candidates, and the stigma attached to DWI and DUI related offenses is a very real thing. This is why fighting for your freedom without a criminal defense attorney can be hard for some individuals.
Texas Department of Public Safety - This link takes you to the Driver’s License page of the Texas DPS website. Here, you can find out more information on how to reinstate your license, check for outstanding fees, and learn more about how license suspension works in the state of Texas.
Texas Department of Public Safety: Administrative License Revocation (ALR) Program - This link once again takes you to the Texas DPS website, providing you with information on how the administrative license revocation program works in our state. Here, you can learn information on how to request a hearing, learn more about license suspensions, and check your driver eligibility.
The process of reinstating a suspended driver’s license can be extremely long and arduous, but by no means is it impossible. It requires the individual to act quickly and seek out the best criminal defense lawyer in their area. If you have recently been charged with a DWI related offense in Denton, Little Elm, Flower Mound, or any other surrounding area of Denton County, contact The Law Offices of Richard C. McConathy. Call now at 940-222-8004 to speak to a litigation expert and receive a free, confidential consultation from a member of our team.