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Whether the Texas Department of Public Safety (DPS) suspends an offender's license following a DUI conviction relies on several factors. One of the most popular ones is their eligibility to petition for a restricted license. A person can seek a hearing within 15 days of getting arrested to prevent their driver's license from getting suspended.
DPS is likely to uphold its decision if the offender can't make a successful petition against the suspension of their license.
This is why offenders should contact a good DUI attorney after a drunk driving arrest. They can help reduce DUI penalties and or help offenders get restricted licenses. They can also help deal with concerning matters like how much a DWI costs in Texas and what the penalty is for a DWI with a child passenger.
What Is a Restricted License?
A restricted license is a temporary license given to people on DUI probation. Although it limits certain driving privileges, it is better than having one's license suspended altogether.
When such drivers are stopped by law enforcement for a suspected DUI crime, they could be asked to take a breathalyzer or field sobriety test. This is because Texas is an implied consent state. Using a restricted license thus constitutes consent to participate in a breath, blood, or urine test for alcohol consumption.
They have the right to challenge the bases of the charges. However, the restricted license will be immediately revoked if the individual refuses the test.
A knowledgeable DUI defense attorney can represent an offender as they request an ALR hearing.
What Happens If an ALR Hearing Request Is Not Made?
Without any previous DUI cases, a suspension might last for 180 days. However, this can be extended to two years if the time since their last DUI arrest is less than 10 years.
An administrative license revocation (ALR) results from failing the test. The periods of an ALR suspension are shorter than those a person gets for refusing a test.
A temporary license will automatically be suspended if an individual is found guilty of driving drunk.
DUI charges for a first offense range from 90 days to one year. Subsequent DUI offenses are from six months to two years. Additionally, offenders may be asked to attend DUI school or join a drug addiction support group before their suspended license gets reinstated.
An experienced DUI attorney can help individuals get a restricted license. However, they have to be aware that it is not a restricted permit commercial license.
Options for a Restricted Driver’s License After a DUI Arrest in Texas
A DUI offender can apply for one or more restricted license types if DPS suspends their license. The two most popular restricted license options are:
An occupational license that allows you to drive to and from work and
A restricted interlock license allows DUI offenders to operate a car with an ignition interlock device. This measures their blood alcohol concentration (BAC) before the car starts.
Occupational License
This restricted license enables individuals to drive in particular situations. These include going to work, school, and back. Other home duties, such as grocery shopping, can be considered valid reasons. An occupational license is often granted by the court for a year. One can only hold an occupational license for a total of two years. It is a form of DUI hardship license for people who may not be able to meet some financial responsibility without driving.
Filing a Petition for a Texas Occupational License
A person without a limited driver's license in the past ten years can apply for an occupational license.
They must thoroughly describe their financial responsibility in a petition they submit to the court. The court will convene a hearing to decide whether to issue an order granting them the restricted license or not.
When determining whether a person has an essential need for a temporary license, the judge must consider their driving history. If it agrees with the petition, the court must specify when and under what conditions the offender needs the license.
Restricted Interlock License
A car with an ignition interlock device prevents it from starting until the driver passes a breathalyzer test. This is how one drives with a restricted interlock license. They won't be able to drive as long as they have alcohol in their system.
An application must be submitted to the DPS to obtain this license. Those who apply should note that it comes at a fee.
Hiring an attorney is vital in working around a suspended or revoked license for a DUI offense. They enable offenders to understand alternatives to keeping their driving privileges while serving out their suspension period.
Being unable to drive can have an impact on your employment, family, and social life because Texas is a state that values automobiles.
Before you may apply for a limited license, there are several requirements you must meet. An experienced DWI lawyer can be of assistance.
Driver’s License Suspension Length for a DUI Arrest in Texas
DPS can suspend a license for a specific period depending on the offender's criminal history and whether there were any aggravating factors during their arrest.
Depending on the severity of the offense, a first-time DUI may result in a 90-day license suspension. This can extend up to a year in some cases. Most attorneys can get a first-offense suspension waived by the court.
A license suspension is a part of a DWI conviction for a second offense, and it can continue for 180 days to two years.
DUI suspension between 180 days and two years is a part of a third offense DUI.
If a person can get suspended for refusing to submit to a breathalyzer test.
A DUI conviction in Texas can lead to several restricted driving privileges.
Call Sparks Law Firm to Schedule a Free Consultation
Sparks Law Firm has reliable attorneys to help a DUI offender get a restricted license. Although they may have some personal driving privileges taken away, it is better than getting convicted.
Our lawyers are always ready to guide people in their petitions against DUI charges and convictions.
Call us at (817) 381-7846 to schedule a free consultation.
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