There are many ways a person can lose their driver's license. This could include having too many traffic violations, failure to keep automobile liability insurance or failing or refusing an alcohol test as well as being convicted of certain criminal offenses like DWI, intoxication assault, intoxication manslaughter, failure to stop and render aid following an accident, and violating Texas drug laws.

An individual who drives a motor vehicle during the period their license is suspended is committing the added misdemeanor offense of driving while license suspended, or DWLS. A first-time DWLS conviction carries with it a sentence punishable by up to six months in jail and a $500.00 fine and can lead to an extended license suspension.

Administrative License Revocation Hearing

After being placed under arrest for DWI, a Texas police officer is authorized to request a breath test or blood test to determine the alcohol levels in the suspect’s body. Failing the test can result in the suspension of your driver’s license from 60 days for the first offense to a year for a repeat offender. A refusal of the test can result in a suspension of six months for a first offender or two years for a repeat offense.

You can contest the suspension in an administrative license revocation hearing that is held before an administrative judge in the State Office of Administrative Hearings. This hearing must be requested within 15 days of the arrest.

At the hearing, the DPS must prove that the officer had reasonable suspicion to detain you, as well as probable cause to arrest you for DWI. The Department of Public Safety must also prove that you, after being properly warned by the officer, either refused the test or took the test and the test showed that the your alcohol concentration was 0.08 or more while driving your vehicle. Any negative findings on one of these issues will prevent DPS from being able to suspend your driving privileges.

Occupational Driver's License

If your driver's license has been suspended, you are generally eligible for an occupational, or restricted, license. This requires filing a legal action in the county or district court and the issuance of a court order that authorizes the Department of Public Safety to issue the license.

An occupational license can allow you to, not only drive to maintain your employment, but also to attend an educational institution and to perform essential household duties.

The court order will have to specify the purposes for which you will be allowed to drive and permissible driving times and areas of travel as well.

If you are facing suspension of your driver's license, then contact us today and let Austin criminal lawyer James Gill keep you on the road!