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After a first time DWI, the individual has the three days to request a hearing on their driver’s license. If that takes place within the first 15 days, the person may continue to drive legally until they have the administrative license revocation hearing. This is called an administrative suspension. If the suspension goes through, it is a 90-day suspension if the person consented to the breath or blood alcohol and the results were over a 0.08. The suspension is 180 days if they refused the breath or blood alcohol testing. The individual may be eligible at that time to get an occupational license that allows them to drive on a limited basis to get to work or school, transport children, or address other essential needs.
If you have any questions about what happens to your license following a Plainview first-offense DWI and how an attorney could help your situation, contact a seasoned first-offense DWI lawyer today.
What Happens Following a First Time DWI Conviction?
An experienced defense attorney could help an individual understand what happens to their license following a Plainview first-offense DWI. If someone is convicted of a first time DWI and the person is placed on probation, and they never had a prior alcohol suspension, the potential suspension for the criminal conviction can be probated. In other words, they do not get another suspension. If they do not get probation and get time served for the three days in jail when they were arrested, the driver’s license has to be suspended under Plainview law. A person can use the administrative suspension as credit the first time, therefore, if someone has a time served, they do not have another driver’s license suspension.
Challenging a License Suspension
If someone is arrested and challenges the suspension of their license within 15 days after a first time DWI in Plainview, they have 15 days to request a hearing on their driver’s license suspension. The authorities cannot suspend the person’s license administratively until a hearing takes place. An accomplished defense attorney could help someone challenge a suspension of the license following a Plainview first-offense DWI.
Applying for Restricted Licenses
After a person is charged with a DWI in Plainview, they may apply for an administrative license revocation hearing. If they lose in the hearing, their lawyer could file for an essential needs or an occupational driver’s license through the court. A restricted license could allow the person to drive to work, school, grocery store, and other places that are deemed necessary. An attorney could handle this for an individual. The lawyer will have the needed information, including the driving record of the individual as well as proof that the person has an SR 22 insurance policy.
Getting License Back After Being Acquitted
When a person goes to trial and is found not guilty, if their driver’s license is suspended administratively, they must remove that suspension from their record. Unfortunately, the driver’s license suspension may be in the first 90 days. It might be 180 or more days before their case goes to trial. So, they may have already lived out the suspension, but at least they get credit for it.
Biggest Mistakes to Avoid for a Defendant
The biggest mistake someone could make after getting a first time DWI is to do nothing when they are arrested. They should immediately contact a lawyer who has experience handling DWI cases. By waiting too long before obtaining legal counsel, the individual might not know to request a driver’s license hearing. A qualified attorney could do a full evaluation of the case and answer your questions regarding your license following a Plainview first-offense DWI arrest. If you have been charged with a DWI, contact a lawyer right away to ensure that you have proper legal representation and that you are informed on what your options may be.