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A DWI Arrest Can Threaten Your License Before the Criminal Case Is Resolved
A DWI arrest can create immediate concerns about more than the criminal charge. The Texas Department of Public Safety may begin a separate process to suspend the accused’s driver’s license, and the deadline to challenge that action can arrive before the first setting in criminal court.
The license case and the criminal prosecution arise from the same arrest, but they operate under different laws, procedures, and burdens of proof. Protecting driving privileges requires attention to both proceedings from the beginning.
Denuna & Westbrook, PLLC represents clients in DWI cases and the related license proceedings throughout Houston and the Gulf Coast region. We evaluate the proposed suspension, preserve the right to a hearing, examine options for continued driving, and use the evidence developed through the administrative process as part of the overall defense.
The criminal case is prosecuted by the State and may result in fines, probation, jail, or other consequences if there is a conviction. The Administrative License Revocation proceeding, commonly called an ALR case, is handled through DPS and focuses on whether the person’s driver’s license or driving privilege should be suspended.
The two proceedings are independent. Winning an ALR hearing does not dismiss the DWI charge, and losing the hearing does not establish criminal guilt. A criminal case may be dismissed while an administrative suspension remains in effect. A driver may also defeat the proposed suspension and still have to defend the criminal allegation.
Although the outcomes are separate, much of the underlying evidence overlaps. The legality of the stop, the basis for the arrest, the officer’s observations, field sobriety testing, statutory warnings, and breath or blood evidence may affect both proceedings.
The deadline to request an ALR hearing is not the same in every case. It depends on the type of testing and when DPS serves or mails the notice of suspension.
Breath-test failure or test refusal: The officer ordinarily serves a DIC-25 Notice of Suspension. The driver generally has 15 days after service to request an ALR hearing.
Consensual blood-test failure: DPS may wait until the laboratory reports a qualifying result and then mail notice to the address in its records. The driver generally has 20 days from the date the notice is mailed to request a hearing.
When a person refuses testing and police later obtain blood through a warrant, the refusal notice ordinarily controls the deadline. The later laboratory result does not restart the refusal-based ALR clock.
A timely hearing request generally postpones the proposed ALR suspension while the administrative case is pending. Missing the deadline usually results in the loss of the opportunity to contest the suspension through the ALR process.
An ALR hearing allows the driver to require DPS to prove the statutory grounds for suspension by a preponderance of the evidence. The precise issues depend on whether the allegation concerns a failed breath or blood test or a refusal to provide a specimen.
The hearing can serve a broader purpose in the DWI defense. DPS may rely on an officer’s sworn report and supporting records without calling the officer as a live witness. When testimony would benefit the defense, a properly issued and served subpoena may require the officer to appear and answer questions under oath.
That testimony may clarify or challenge the officer’s account of the stop, detention, field sobriety testing, arrest, and specimen request. It can later be compared with body-camera footage, police reports, dispatch records, warrant materials, and scientific evidence. Inconsistencies or gaps identified early may influence suppression issues, negotiations, expert review, and trial preparation.
If a suspension takes effect, an Occupational Driver’s License, commonly called an ODL, may provide limited driving privileges for work, school, medical care, and essential household responsibilities. An ODL is not a full restoration of the regular license. The permitted purposes, times, locations, and other restrictions are established by the court’s order.
Obtaining an ODL requires a separate court proceeding. The process may include filing a verified petition, paying the applicable filing fees and court costs, demonstrating an essential need to drive, obtaining SR-22 certification, and satisfying any interlock or other conditions that apply. An ignition interlock is required in some cases, but not every ODL case.
Filing the petition does not authorize the person to drive. Driving privileges begin only after the court signs an order authorizing them, subject to any statutory waiting period and the terms of the order.
An ALR hearing challenges the proposed suspension. An Occupational Driver’s License may provide a lawful way to drive after a suspension. These are separate proceedings with different purposes.
The possible suspension and available driving options depend on more than the current arrest. Each driver’s situation is different, and a complete review should consider all of the factors that may affect the suspension period and ODL eligibility.
Prior Enforcement Contacts. A prior test refusal, failed breath or blood test, ALR suspension, or qualifying DWI-related action during the preceding ten years may increase the suspension period, even if the related criminal charge did not result in a conviction.
A CDL holder may face a separate disqualification even when the alleged DWI occurred in a personal vehicle. An ODL does not authorize operation of a commercial motor vehicle.
Texas zero-tolerance provisions and different suspension periods may apply to a driver who was under 21 at the time of the incident.
The grounds for suspension, the issues DPS must prove, and the potential suspension period differ depending on the testing allegation.
An existing suspension, disqualification, court order, or restriction may independently affect the person's ability to drive.
A DWI conviction can also create license consequences separate from the ALR action. The full driving record and every active enforcement action should be reviewed before determining the actual exposure or the proper method for obtaining lawful driving privileges.
Once a suspension becomes effective, driving without valid authorization may result in a separate Driving While License Invalid charge. The baseline offense is a Class C misdemeanor, but it may be elevated depending on prior convictions, a prior DWI-related suspension, insurance status, and whether a serious collision occurred.
A new charge while the DWI case is pending may also affect bond conditions and the court’s evaluation of the criminal case. Before driving, the person should confirm that the regular license remains valid or that a signed ODL order authorizes the trip.
License defense should not be treated as an unrelated administrative task. The ALR proceeding may produce records and testimony that affect the criminal case, while decisions made in the criminal case may create additional license consequences.
Chris Denuna and Nick Westbrook evaluate the stop, arrest, testing evidence, driving record, and proposed license action together. This coordinated approach helps preserve the available hearing rights, identify the correct suspension period, prepare for continued driving needs, and develop the criminal defense using the complete record.
Because the deadlines can expire quickly, these issues should be addressed at the beginning of the representation rather than after the suspension takes effect.
Protecting your license begins with determining which deadline applies and preserving the right to challenge the proposed suspension. If a suspension cannot be avoided, an Occupational Driver’s License may provide a lawful way to maintain essential driving privileges.
Denuna & Westbrook, PLLC represents clients facing DWI-related license issues throughout Houston and the Gulf Coast region, including Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County, and Waller County.
Call 713-966-0253, email info@texasdwlaw.com, or reach out online to schedule a confidential consultation.
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