When someone is found guilty of a DWI, their driver’s license will be suspended. Afterward, there will be surcharges that the individual has to pay to the Department of Public Safety in order to get the license back after the suspension. The surcharges remain on the person’s driving record for several years. After this, the person will have a nonowner’s insurance policy in order to validate the driving of their vehicle. To find out how a determined DWI lawyer could help you with your license following a Denton first-offense DWI, call today to schedule a consultation.
Being Charged with DWI Versus Conviction
As soon as someone is charged with a DWI, their license is going to be suspended. Depending on a number of factors, their license can be suspended anywhere from 90 to 180 days. The individual is going to have an automatic suspension if they do not request an Administrative Licensure Revocation hearing. If the person does request the hearing, then the judge will determine if the individual’s license should be suspended or not.
Challenging a License Suspension
When someone’s license following a Denton first-offense DWI is suspended, they may want to challenge it. However, once the person’s license is suspended it is very difficult to successfully challenge it. If the person fails to request an Administrative Licensure Revocation hearing, then they cannot challenge the suspension. An individual must request the hearing in the first 15 days following the arrest.
If the defendant does not request the hearing within the first 15 days, then there is a different hearing in front of a judge and they will suspend the person’s license. When someone is convicted of a DWI, the only way to challenge the license suspension is to appeal the entire case and hope the court of appeals rules in their favor.
When someone’s license is suspended, there are options for them to keep driving if they can obtain an occupational or essential needs license. This is a restricted license that allows the person to drive certain hours of the day for certain purposes. Valid reasons for driving would be going to school, work, or to the grocery store. Going to the bar to meet with friends would not be a valid reason for someone to drive.
Getting License Back After Being Acquitted
When the defendant is found not guilty of a DWI, then the person can petition to the Department of Public Safety. The Department of Public Safety will then overturn their license suspension. Also, the record of the suspension is removed from the individual’s driving record. An experienced defense lawyer could help someone with getting their license back following a suspension.
Mistakes to Avoid for First-Time Denton DWI Offender
The biggest mistake people make when they have a suspension of their license following a Denton first-offense DWI is waiting too long before speaking with an attorney. Many people will wait until their case is filed before talking to a lawyer. At this point, they are late in the process and have missed the Administrative Licensure Revocation deadline.
Another mistake an individual can make is getting arrested again. If a person gets arrested for another DWI while their first DWI is still pending, the lawyer cannot be as aggressive with the defense and the negotiation with the prosecutors.