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 Shane Phelps Law., 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.
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.
Although this may be an overwhelming time in your life, you do not have to work through matters on your own. We are here to ensure your voice is heard through the criminal justice system, and to provide you with the personalized attention you deserve from start to finish.
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