Driver’s License Suspended

Truck pulled over by police offer for drinking and driving, could get his driver's license suspended.

Every Texan should have the right to drive. Having lived here for over 10 years, I know that having a car is not a privilege, but a necessity to live a normal life in Austin, Texas.

When you get accused of Driving While Intoxicated, the State wants to take your license away. It’s understandable if you fail a breath or blood test. But even if you refuse to take a blood or breath test, they still want to take your license away. However, despite what the State wants you to believe, your license is not automatically suspended. If we request a hearing within 15 days of your arrest, you will have a chance to save your license.

If the police officer doesn’t show up to the hearing, you will automatically get your driver’s license back because their police report cannot be admitted without them testifying. Or, if we show the police officer did not have sufficient legal reason to pull you over or to arrest you, the judge will rule in your favor and give you your license back.

More importantly, because this hearing is a separate proceeding from your DWI case in county court, this is the only chance for you and your lawyer to see how confident the police officer is in their arrest, and if they are uncertain in any way under questioning. If they do, we can typically get the officer to admit they made mistakes or that they were unfair to you. This sounds unbelievable for most clients when I tell them this, but our job is to be surgical with our words to dissect the police officer’s typically loose case.

Win or Lose, You Can Still Drive With an Occupational Driver’s License

An Occupational Driver’s License is a restricted license where the court determined that even if yours was suspended by the State, it is still necessary for you to drive to work and to do household tasks.

Your lawyer will need to petition the court for this license, and have it approved by a judge for the Department of Public Safety before you get issued an Occupational Driver’s License. There will be restrictions, including limited driving hours, a driving log you have to keep in your car at all times, and SR22 insurance that is specifically required for occupational driver’s license.

To learn how to get your driving privileges back, please don’t hesitate to give me a call at 512-898-9529 for a free case evaluation.

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