I’ve Been Arrested for DWI, Can I Still Drive?

Stephen H: Hello, I’m Stephen Hamilton, a board certified criminal defense lawyer in Lubbock, Texas who practices almost exclusively an area of DWI defense. Today’s video question deals with once a person has been arrested for a DWI, can I still drive? What happens in all of Texas is when a person is arrested for a DWI and they have a Texas driver’s license, then the arresting officer, if you either give a breath sample and you’re over the legal limit, or you refuse to give a sample blood or breath, will confiscate your Texas driver’s license and give you what’s called a notice of suspension and temporary driver’s permit. And so as long as your driver’s license was valid at the time you got stopped, it’s valid for you to drive on during the pendency of your DWI.

Stephen H: It tells you a couple of things. One, it tells you it’s a temporary permit, so it’s good for only 40 days if, and here’s the key, we do not request a hearing on your driver’s license. We have 15 days and only 15 days from the date of your arrest to request a hearing on your driver’s license. If we do that, then you keep driving legally, even past the 40 days until the time that we have the hearing.

Stephen H: That’s it for today’s video tip on whether or not you can legally drive once you’ve been arrested for a DWI. My phone number is (806) 794-0394. If you have questions on that permit, when you can drive, where you can go, how it affects what you do, and more importantly, those 15 critical days so we can request a hearing, I want you to pick up the phone and call me. This is what I do. This is my practice area. We can help you. Thanks very much for watching.

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