San Marcos Drivers License

THINGS YOU SHOULD KNOW ABOUT DRIVER LICENSE CASES

  1. Your driver's license can be suspended twice from the same DWI. You can received two different driver's license suspensions if you are arrested for Driving While Intoxicated. First, there may be an automatic driver's license revocation (ALR) for refusal to take a breath or blood test, or for taking one and failing. Second, you may receive a license suspension if you are later convicted as a result of the DWI arrest.
  2. There are advantages to requesting an ALR, or driver's license hearing, after being arrested for DWI. If you request a driver's license hearing, you may: (1) win the hearing and get to keep your license; (2) find out useful information that you can later use in your DWI case; (3) delay the suspension of your driver's license by several months even if your license does get suspended.
  3. If you are arrested for DWI, the clock is ticking for requesting an ALR hearing. If you wish to have an ALR hearing, you must contact the Department of Public Safety within 15 days of the date of your arrest. Otherwise, you have waived your right to a hearing, and your license will be automatically suspended.
  4. If you are arrested for DWI and a cop seizes your license, he is supposed to give you a piece of paper that serves a temporary driving permit. If you do not request an ALR hearing, the permit is valid until the 40th day after the day of the arrest. After the 40th day, the DPS may automatically suspend your license. If you request an ALR hearing, the paper permit is good until, and if, an administrative judge suspends your license.
  5. If you are arrested for DWI and a blood draw is done, your license may not be seized and suspended immediately. Instead, the DPS may wait for the results of your blood tests to issue notice of a license suspension. This can happen several months after the date of arrest. If you receive a notice of suspension after a blood draw, you still have the right to request an ALR hearing, and the DPS notice should give you contact information and a deadline for requesting a hearing.
  6. A conviction for Driving While License Invalid results in a new driver's license suspension that typically lasts for a minimum of one year.
  7. You can't get your driver's license suspension lifted simply by paying the license reinstatement fee. Once your driver's license is suspended, you typically have to pay a license reinstatement fee before you can get your driver's license back. However, if your license is suspended for a set period of time, you must serve out the entire suspension. Simply paying the reinstatement fee does not lift the suspension.
  8. You can still drive while your driver's license is suspended if you have an occupational driver's license. With an occupational driver's license, a judge can allow you to drive for up to 12 hours a day for any essential need, such as work, school, picking up kids at school and going to medical appointments.
  9. Your local driver's license office cannot give you an occupational driver's license. An occupational license is granted by an order from a judge.
  10. You cannot operate a commercial motor vehicle with an occupational driver's license. A judge is not allowed to grant you an occupational license to drive any motor vehicle for which you need a CDL. If you are a CDL holder and need an occupational license to drive a non-commercial vehicle, you can still get one for that limited purpose.