Folks arrested for first time DWI offenses in Austin often come to my office surprised that their physical driver’s license was taken from them before their release from jail.
Many believe that their license is currently suspended, before they have even gone to court. The truth is that the license suspension is not concurrent with the confiscation that happens the night of the arrest.
In Texas, a person arrested for DWI, whose license was taken before they were released, has the right to contest the drivers license suspension, as long as they (or more likely, their lawyer) makes the proper request to the Texas Department of Public Safety within fifteen (15) days.
This blog will cover issues relating to the Texas Administrative Driver’s License Revocation procedure (the ALR hearing), as well as the process by which a DWI defendant may obtain an occupational license to allow them to keep driving to work, school, church, groceries, and all the important places (not necessarily to all the fun places we like to go sometimes).