Ways In Which Your License Can Be Suspended And Restored
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.