If either your blood alcohol content (BAC) level was at least .08 percent or you refused to take a chemical test (e.g., breath or blood test) after getting arrested for a DWI in Texas, a police officer will confiscate your license and issue you a permit that is valid for 40 days from the date of your arrest. Then, you will be subject to an “administrative license revocation” (ALR) from the Texas Department of Public Safety (DPS).
The following is a breakdown of the ALR suspension periods based on the number of DWI offenses on a person’s criminal record:
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First offense – 90-day suspension if they failed the test, or 180-day suspension for test refusal.
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Second offense – One-year suspension if they failed the test and had prior DWI conviction within the last 10 years, or two-year suspension for test refusal and had a prior DWI conviction within the last 10 years.
Losing your driving privileges for any amount of time can be detrimental to your professional reputation and personal life. Without a consistent means of transportation, you run the risk of constantly missing or being late to work or school, which can have serious repercussions. Running household errands and making important appointments can be difficult as well.
However, you may be eligible to obtain an “occupational license.” Also known as an essential need license, this type of restricted license allows you to drive a non-commercial motor vehicle for work-, school-, or household-related activities.
You cannot obtain an occupational license if any of the following circumstances are true:
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You obtained two occupational licenses within the past two years
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You lost your driving privileges for failing to pay child support
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You lost your driving privileges because of a medical condition
If you were issued an ALR suspension for a first DWI offense, you could immediately be eligible for an occupational license. If you have had an alcohol-related suspension within the past five years, you must wait 90 days from the date of your current suspension to obtain an occupational license.
If you have been convicted of DWI in Texas in the last five years, you must wait 180 days from the date of your current suspension to receive an occupational license. If you have been convicted of at least two DWI offenses within a five-year period, you must wait one year from the date of the current suspension to obtain an occupational license.
The following are the documents you need to apply for an occupational license:
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A petition to Issue an Occupation License
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An Order to Issue an Occupational License
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A copy of your driving record
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Proof that you must drive for work-, school-, and/or essential household-related duties.
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SR-22 (proof of insurance) from your auto insurance provider
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Payment of occupational license fee and reinstatement fees
If the court grants you an occupational license, you will be given a signed court order, which you must submit to DPS and other required documentation to obtain an occupational license. Once you are issued the license, you are only allowed to drive within the terms of the court order.
If you have been arrested for DWI in Denton or within the surrounding area, contact Derek A. Adame, Attorney at Law today to schedule a free initial consultation with a former prosecutor.