TX DWI Question - ALR and Driver's License

[Browndriver99]

What is the name of your state (only U.S. law)? Texas

Hello,

I was recently charged with a DWI in Texas a few months ago. I haven't gone to court yet, as my attorney is trying to buy me some more time to get some things together.

However, there was an ALR (Administrative License Revocation) hearing, and the arresting officer did NOT show up. I was told that since he did not show up, it means I can keep driving and get a standard driver's license from TX DMV office, but obviously I still have my criminal case to worry about.

Question: Since my ALR is over, do I still have to worry about my driver's license being taken away (or suspended) during the actual criminal case hearing for my DWI? Or am I safe and will continue to have a valid driver's license even if I'm found guilty during the criminal case?


Thanks.

 

[CavemanLawyer]

The ALR hearing only deals with the administrative suspension that results when you either refuse to take the chemical test or consent to the test and show a BAC above a certain result. There is a completely different possible driver's license suspension that results if you are actually convicted of the DWI. Also be aware that the DMV can suspend or revoke your license if your driving record was already bad. If you had alot of moving violations, etc... then the DWI arrest can be enough to push you over the edge.

 

[Browndriver99]

Thanks for clarifying CavemanLawyer!

I just wanted to understand that since my ALR hearing was dismissed (due to the police officer being a no-show), what the outcome meant for keeping my license. However, if I understand you correctly, it sounds like I'm only in the clear temporarily, until my actual criminal (DWI) hearing occurs, in terms of having my driver's license suspended or not. In addition, my driving record is pretty clean (less than 3 speeding tickets), and this is my first DWI offense.

Is that a correct assumption?


Thanks again!

 

[CavemanLawyer]

Yes that is correct. If you ultimately are convicted and sentenced (plead to jail time and/or fine) then you license will be suspended. They typical suspension for a first time DWI is one year. It is possible to obtain an occupational driver's license that will let you drive to and from specific locations for work or for necessary living requirements.

If you receive probation then the driver's license suspension is usually not enforced unless your probation is later revoked.