One of the most difficult parts of any DWI is the associated license suspension. Even if the case ultimately resolves favorably, a DWI charge alone is enough to cause someone to lose their driver’s license. This can be devastating, especially for those without easy access to public transportation.
If you were arrested for a third DWI, you could benefit from the services of an experienced defense attorney. A lawyer could work on your behalf to minimize the impact of Denton third-offense DWI license suspensions. Call today to discuss your situation.
Administrative Law Revocations
If a person is stopped and requested to give a sample of their blood or breath, what happens to their license depends on their actions. If they refuse the test or if they give a sample of breath that is over the legal limit, then the driver’s license would be confiscated. The individual is given what is called a temporary driving no-suspension temporary driving permit.
This permit allows someone to drive for 40 days, but the person has only 15 days from the date of arrest to request a hearing. If a hearing is requested, the person can keep driving legally. If the officer requests a blood sample and the client consents, then the blood sample is not tested on the scene and so the person’s driver’s license would stay valid until the blood sample comes back. If it is at or above 0.08, then the lawyer and the accused will have 20 days to request a hearing.
Ignition Interlock as a Condition of Bond
Even if the person’s license remains valid or if they have a temporary permit to drive, the statute in Texas requires as a condition of bond that the individual be placed on a deep lung device order. This means that they will have to put an ignition interlock device, or blow-and-go, into their car. When they want to operate the vehicle, they will have to show that they consumed no alcohol before the engine will start. That will be a condition of bond that will remain in place until the case is resolved.
Applying for a Restricted License
After a third-offense DWI charge, there is the option to get an occupational driver’s license (ODL). If there is a hearing and the case is lost, then the lawyer could request a hearing on obtaining an ODL. Certain qualifications must be met for the ODL to be an option.
There may also be a hard suspension if the person had a prior license suspension within a certain amount of time. A hard suspension means that the the person is restricted and may have to have an ignition interlock device in their car during that ODL.
How an Attorney Could Help
After third-offense DWI charges, to challenge the suspension of a license, the lawyer will request a hearing within the first 15 days. They will get an administrative hearing that may happen months down the line. To suspend a license administratively, the Texas Department of Public Safety (DPS) needs to prove three things:
- There was a legal reason for the stop
- There was probable cause for arrest
- The proper warnings were given and the person either refused to consent to a sample or the sample was at 0.08 or above
Similar to challenging a stop on the DWI, if the stop is not legal, that fact could be used to challenge the driver’s license suspension.
If a person has their DWI acquitted at trial either by a judge or a jury, then the lawyer will take that not-guilty finding or verdict and then can go through a process with DPS. DPS will remove the suspension like it did not exist.
Talk to a Denton DWI Attorney About Your License Suspension
If you were arrested for a DWI and lost your license, an attorney may be able to help. Reach out to a qualified lawyer today to discuss the ways you could challenge Denton third-offense DWI license suspensions. They could handle all the details of your case and work to get you back on the road.