If you have been arrested in Plano, Texas or any other city in Collin County, Texas you may have questions about your right to drive after your arrest. Answers to Frequently asked questions about DWI license suspensions in Plano, Texas are found below.
The Officer who Arrested me Took my Driver’s License, is my License Suspended and can I Drive After Being Arrested for a DWI?
ANSWER: NO, your license is not suspended until the 41st day AFTER your arrest and YES you may drive a vehicle even though the officer took your license.
Taking your license does not automatically suspend your ability to drive a vehicle in Texas. You will be given a temporary driving permit (usually a yellow sheet of paper with DIC-24 written on the top.) This allows you to drive away from jail as soon as you are released.
How do I Prevent my License From Being Suspended for a DWI Arrest?
ANSWER: YOU HAVE 15 DAYS from the day of your arrest to prevent you license from being suspended. Within 15 day, you must request a hearing on your license suspension know as an ALR hearing.
Once you request the ALR hearing, your license will remain valid until you are given a hearing on your suspension. At that hearing, the State has to prove:
- The was a legal reason to stop you;
- That there was probable cause to arrest you for DWI; AND
- You refused a breath or blood test or you gave a test and the result was over the legal limit of .08.
How Long Will my License be Suspended?
ANSWER: The length of suspension is determined by several factors but in general:
90 days if you voluntarily gave a blood or breath test and the result was over .08
180 days if you refused a blood or breath test
Up to 2 years if you have prior intoxicated driving arrests or convictions.
What Happens if my License is Suspended After a DWI Arrest?
ANSWER: If your license is suspended, you have a right to petition a court for an Occupational driver’s license. An Occupational drivers license will allow you to:
- Drive up to 12 hours per day;
- Only in counties in Texas;
- For work, educational or household duties.
How do I get an Occupational Driver’s License?
ANSWER: To get an Occupational Driver’s License in Collin County, Texas you must: File a petition for an occupational driver’s license with the Collin County clerk’s office;
- Pay a filing fee;
- Obtain your driver’s record and present it to the court;
- Obtain SR-22 insurance; and
- Present the petition to a judge for approval.
What are the Restrictions of an Occupational Driver’s License?
- You may only drive during the hours the judge approves, no more than 12 hours per day;
- You may only drive in the counties the judge approves;
- You MAY NOT drive in another state; and
- You MAY have to install an ignition interlock device on ANY vehicle you drive as a condition of an Occupational Driver’s License.
Why did the Judge Require an Ignition Interlock Device as a Condition of my Occupational Driver’s License and how can I get it Removed From my Car?
ANSWER: In Collin County, Texas a judge will require an ignition interlock device as a condition of an Occupational Driver’s license if any of the following apply to your case:
- You are under 21;
- You have been convicted, arrested or investigated for an intoxicated driving offense prior to your current arrest;
- An accident was involved in your current case; OR
- You gave a blood or breath sample that was over a .15
For a FREE evaluation concerning a license suspension or an occupational driver’s license contact The Law Office of Troy P. Burleson, P.C.