After a DWI arrest, a driver’s license can become a major concern. For many people, driving is part of getting to work, taking children to school, running errands, and handling basic responsibilities. Losing that ability, even for a limited period, can disrupt a normal routine very quickly.
The confusing part is that the license issue may move forward separately from the criminal case. An Irving DWI lawyer can explain how the arrest may affect your driving privileges and what deadlines may apply. Some states have an Administrative License Revocation (ALR) process that can lead to a suspension after certain blood or breath test results or a refusal to provide a specimen.
The License Case Can Be Separate
A DWI arrest does not mean the criminal court is the only place where your license is at risk. The Department of Public Safety handles ALR suspensions through a separate administrative process.
Your license case may start before the criminal DWI case is over. The two matters follow different timelines, so it’s important to keep track of each one and not miss a deadline.
A Failed Test May Trigger a Suspension
For drivers age 21 or older, the Department of Public Safety states that an ALR suspension can follow a blood or breath test showing a BAC of 0.08 or higher after a DWI arrest. A first ALR failure generally results in a 90-day suspension. Certain prior alcohol- or drug-related enforcement contacts can lead to a longer suspension.
The suspension comes through the administrative process. It is separate from whatever happens with the criminal charge.
Refusing a Test Is Different
Refusing a requested blood or breath test can also lead to an ALR suspension. For a first refusal, the Department of Public Safety lists a 180-day suspension. A second refusal can result in a two-year suspension under the circumstances covered by the law.
So refusing a test does not necessarily protect your license. It can create its own consequences.
There Is a Deadline to Challenge the Suspension
One of the most important things after receiving an ALR notice is checking the deadline for requesting a hearing.
The state DPS says a person generally has 15 days from receiving the suspension notice to request an ALR hearing. If the request is not made within that period, the request will be denied, and the suspension can take effect.
That deadline is easy to overlook during the stress of an arrest. It should not be ignored.
A Hearing Can Give You an Opportunity to Contest It
An ALR hearing gives a driver an opportunity to challenge the proposed suspension. The hearing is separate from the criminal DWI case, and the issues considered relate to the administrative license action.
The result can affect whether the pending suspension goes forward. Because the process has specific requirements, getting legal advice early can help a driver understand what the hearing involves and what arguments may apply.
A DWI Conviction Can Bring Another Suspension
The license consequences may continue even after the ALR matter. The DPS states that a DWI conviction can result in a driver’s license suspension of up to two years, along with other reinstatement requirements. A person may also need to maintain an SR-22 for two years from the date of conviction.
In other words, an ALR suspension and a suspension connected to a DWI conviction are not necessarily the same thing.
Getting Back on the Road May Take More Steps
A suspension does not simply disappear when the required period ends. Depending on the enforcement action, you may need to satisfy certain requirements and pay reinstatement fees before your driving privileges are restored.
The DPS currently lists a $125 reinstatement fee for an ALR suspension. Drivers can also check their eligibility status through DPS to see what remains before reinstatement.
Some people may also qualify for an occupational license that allows limited driving while their regular license is suspended. Eligibility depends on the circumstances.
Do Not Treat the Notice as Just Paperwork
A DWI arrest can create plenty of immediate concerns, but the license notice deserves attention of its own. A missed deadline can make an already difficult situation harder.
Check the notice carefully, understand which type of suspension is involved, and get help if you are unsure about your options. The criminal case may take time to resolve, but the license process can begin much sooner.
