One of the most difficult consequences of a DWI is the driver’s license suspension. Without transportation, many people find it difficult to take care of their families, travel to work, and maintain their livelihood.
If you were arrested for a DWI second in Odessa and are concerned about your driver’s license, reach out to a DWI attorney as soon as possible. There may be ways to challenge your suspension, but you must act quickly to preserve your rights.
Administrative License Revocations
Individuals arrested for DWI may face an administrative license revocation (ALR) in several situations:
- They refuse to give a breath or blood test
- They give a breath test and measure over the legal limit
- They give a blood test that measures over the legal limit
In any of these three situations, their license would be suspended for a period of time. For a first offense, refusing to provide a sample results in an automatic 180-day suspension. If they take a breath or blood test and fail, the license suspension is 90 days.
For a second-offense DWI, however, the period of suspension increases dramatically. Refusal to provide a breath or blood sample results in a two-year license suspension, and failing a test leads to a one-year suspension. Additionally, individuals arrested on DWI second charges are ineligible for an occupational license for a period of time.
Ignition Interlock Devices
When a person gets arrested on a DWI second, they will be required to install an ignition interlock, also known as a deep lung device, in their vehicle as a condition of bond. The defendant will receive a letter from the Department of Public Safety notifying them that their license has been canceled. If the license is cancelled because of an interlock, individuals must show proof of the interlock and pay a fee to DPS to get an interlock restrictive driver’s license.
License Following a Conviction
The statute says that when someone is convicted of a DWI second, their driver’s license is suspended for one year. The defendant may already be on a two-year administrative suspension, however, and these two suspensions do not stack. For example, if there is over a year remaining on the administrative suspension, a conviction will not extend this time. On the other hand, if the individual’s ALR period has ended, they could face another suspension upon conviction.
While an attorney may be able to challenge the ALR, they cannot challenge the suspension upon conviction. The best way for individuals to keep their driving privileges is often to be proactive, retain an attorney quickly, and fight to keep a conviction off their record. If the individual goes to trial and is found not guilty by a judge or jury, the Department of Public Safety has to remove the conviction and reinstate the individual’s driver’s license.
Discuss Your DWI Case with a Skilled Odessa Attorney
If you were arrested for a DWI second in Odessa, you may wonder how you will go to work and provide for your family with a suspended license. You may be able to challenge the administrative license suspension and defend yourself in court, but you must act quickly. Contact an aggressive Odessa attorney today for help building a credible defense.