Driver's License Restoration
Ways in Which Your License Can Be Suspended
As a part of its routine
DWI penalties, Texas requires that punishment for alcohol-related offenses
be accompanied by a period of lost driving privileges. There are a number
of ways that one can have their driver's license revoked because of
an alcohol-related issue, and there are guidelines as to the maximum period
of suspension. In general, license suspension for DWI conviction will
not exceed two years. Many people do not realize that the process for
restoring one's driving privileges once the suspension has expired
is the person's own responsibility and can be time-consuming and expensive.
One important point to make is that
suspension of one's license does not necessarily require a DWI conviction. In Texas, there are two ways by which one's license may be suspended
without being convicted of a DWI-related offense. These include the following:
- When a police officer stops a driver and asks them if they have been drinking,
it is likely that they will also ask them to take a breath or blood test
to confirm their sobriety. If the driver refuses to take the test as the
police officer requests, their license will automatically be suspended.
This is because of the implied consent law in Texas.
Upon arrest for DWI, an individual's license will be taken away and
there will be a temporary permit issued to them which is set to expire
40 days from the arrest. During this 40 day period, the person who was
arrested must schedule an Administrative License Revocation or ALR hearing
with the DMV in order to challenge the suspension. If the person fails
to schedule and appear at this hearing, his or her license will automatically
be suspended for a certain time period regardless of whether the state
decides to press criminal charges. This means that an individual may be
acquitted of all charges or have the charges dropped but still experience
a license suspension of up to two years.
How to Get Your Driving Privileges Back
In the midst of all the ways one's license may be suspended, many wonder
about the process of restoring driving privileges and what it entails.
Whether your license was suspended because of a DWI conviction or because
you refused a blood/breath test, you will first be required to pay a reinstatement
fee in order for your license to be restored. The next step will require
you to obtain proof of your insurance and submit it to the Texas Department
of Public Safety (DPS).
The insurance you obtain will be the SR-22 form required of all who have
been penalized for an alcohol-related driving offense. You will be required
to apply and obtain this insurance coverage yourself before attempting
to restore your driving privileges. Lastly, if you were ordered to participate
in alcohol/DWI education program as a part of your repeated offense punishment,
the DPS will need to see the certificate of completion before your suspension ends.
Recovering from the effects of a DWI conviction can be overwhelming. There
will be many issues to work through, and any procedures required by the
DPS or law enforcement will require comprehensiveness and total accuracy.
If you are wondering what will be required of you in order to restore
your driver's license, or if you wish to have a
criminal defense lawyer assist you with the process, contact a Plano DWI attorney from
The Zendeh Del Law Firm, PLLC and discuss your situation.