Suspended License

License Suspension in Texas

Let Our College Station DWI Attorney Help You

In addition to potential jail time and expensive fines for being convicted of a DWI, you may run the risk of having your license suspended. Without your driving privileges, it can be difficult to commute to work or conduct your normal daily activities.

At The Law Office of Shane Phelps, P.C., we can guide you through every step of the legal process to get your license back as soon as possible. Our College Station DWI attorneys have decades of experience in helping our clients protect their rights, reputations, and freedom.

How Long Will My License Be Suspended for a DWI?

Whether you failed BAC testing or refused to participate in a test, you have only 15 days to request a DMV hearing in Texas to contest the administrative suspension of your driving privileges. If you fail to do so, you will automatically lose your license once 40 days have passed since your DWI arrest. You must understand that the administrative hearing is a separate action from the criminal case.

The following are the suspension periods depending on the number of DWI offenses:

  • First DWI Offense – License suspension between 90 days and 365 days
  • Second of Subsequent DWI Offense – License suspension between 180 days and two years

If you are arrested for driving with a suspended license for a DWI, it is considered a Class B misdemeanor. A Class B misdemeanor is punishable by a maximum jail sentence of 180 days and a fine of up to $2,000.

Can I Drive After a DWI Conviction?

One of the most difficult issues which many people who are convicted of a DWI must experience is the suspension of their driver’s license. Although it may be tempting to drive while your license is suspended, this will more than likely increase your legal troubles.

If you drive while your license is suspended or revoked, you could be charged with a Class C misdemeanor, which is punishable by a fine of up to $500. However, you may be charged with a Class B misdemeanor if you have previously been convicted of driving after suspension or revocation, you did not carry insurance at the time of your offense, or your license was suspended for operating while intoxication. So in your case, you would be charged with a Class B misdemeanor, punishable by a maximum jail sentence of 180 days and a fine of up to $2,000.

Applying for an Occupational License

Not having your driver’s license can make your life more difficult, especially because you do not have a reliable mode of transportation to commute to work or school, run errands, and conduct day-to-day activities.

Fortunately, Texas law allows people whose drivers’ licenses are suspended to apply for an occupational license – also known as a hardship license or restricted license. These licenses allow individuals whose drivers’ licenses are suspended to drive to and from certain places during the suspension period, such as work, school, or the performance of household duties.

To obtain an occupational license, you must do the following:

  • File a request with the court that is handling your DWI case
  • Get a court order for an occupational license and other supporting documents to the Texas Department of Public Safety (DPS)
  • Pay a $10 fee to get an occupational license
  • Pay reinstatement fees

Even though the process of getting an occupational license may seem complex, it is worth the trouble to get back on the road and get your life back on the right track. Our College Station criminal defense attorney at The Law Offices of Shane Phelps, P.C. can help you through the legal process and ensure it goes as smoothly as possible.

Getting You Back on the Road Immediately

College Station DWI attorneys understand the negative impact of not having your license. Let us fight to defend you against the consequences you face today.

Contact our firm and schedule a complimentary consultation with our legal team.

Client testimonials

  • “Mr. Phelps's professionalism and his knowledge of the law was absolutely exceptional.”

    - Satisfied Client; Read this review on Avvo
  • “He immediately assured me (panicked mother) that he would guide my son and I through this Class B misdemeanor. He did indeed!”

    - Satisfied Client; Read this review on Avvo
  • He's very knowledgeable, professional and sincere. I would recommend Shane to any and everyone.

    “Our son committed what we considered a major crime. Shane was recommended by the bail bondsman. We called and actually got to see him the same day. We had our day in court, which was a simple in and ...”

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  • He was able to not only have the charges dismissed, but completely expunged from my son's record.

    “Working with Mr. Shane Phelps is the absolute best decision I made when I was in need of an attorney for my son. Mr. Phelps was extremely helpful in guiding me through the entire process of my son's ...”

    - Satisfied Client; Read this review on FindLaw
  • Not only very knowledgeable but he is very kind and compassionate

    “Our family highly recommends Shane for your legal matters. He is not only very knowledgeable but he is very kind and compassionate. He is a straight shooter, not telling you what he thinks you want to ...”

    - Sharon; Read this review on FindLaw
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Striving for Favorable results

  • Both Charges Dismissed 2 counts of Aggravated Assault
  • Case dismissed Criminal Trespass - Property
  • Motion to Adjudic dismissed. Probation completed Motion to Adjudicate on Possession of Marijuana 4oz. - 5 lbs
  • Refused Possession of False ID
  • Refused following our investigation Furnishing Alcohol to a Minor (Class A)
  • Reduced to Class C Misdemeanor Criminal Trespass to Habitation (Class A)
  • Refused Aggravated Kidnapping (1st Degree)
  • Reduced Possession of Marijuana
  • Dismissed Theft $20,000-$100,000 (3rd Degree)
  • Reduced Driving While License Suspended
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Benefits of Hiring Our Firm

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  • Award-Winning & Recognized Counsel
  • Former Prosecutor Experience
  • Board Certified Criminal Defense Specialist Since 1992 by the Texas Board of Legal Specialization
  • Over 30 Years of Legal Experience

Shane Phelps' Accomplishments