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Texas DWI Frequently Asked Questions

 

I was just arrested for a DWI & the officer took my driver’s license.  Does this mean I can’t drive?

If you were arrested and refused chemical testing or blew over a .08, the officer probably took your license & issued a Notice of Suspension/Temporary Driving Permit (DIC-25).  The good news is that your license is not suspended YET ….. However, this form is only good to drive on 40 days.  So, you MUST read this form & the Statutory Warning (DIC-24) completely.  Together, they will tell you that you have a right to request a hearing on the suspension of your driver’s license within 15 days from the date you were given these documents.

You may request this hearing by phone, fax or through the DPS website. Your best bet is to requesting it by fax (be sure to get a fax confirmation sheet) or through the DPS website at http://www.txdps.state.tx.us/DriverLicense/customer_service/alr.aspx (then print the on-line confirmation).  

 

I have an out of state driver’s license.  Should I request the ALR hearing?

Yes. DPS will still move forward with the ALR process. If you do not request this hearing, your driving privileges in TEXAS will automatically be suspended on the 40th day and you will owe a reinstatement fee to DPS.

While Texas does not have the authority to suspend you Out of State license, a suspension here in Texas may follow you to your home state and the home state can then take action against you.

Always request your ALR hearing!

 

What if I miss the 15 days and do not request the ALR?

If you waited too long and missed the opportunity to request the ALR hearing, your DL will automatically be suspended on the 40th day after your arrest for the appropriate period of time.  This time can be either 90 or 180 days on a DWI 1st or longer if this is a DWI 2nd or more.

This is why it is so important that you request the ALR hearing.

Also, keep in mind that if you are stopped by a police officer and your license is suspended, you can be arrested and charged with a class B misdemeanor for Driving While License Invalid.

 

What if I do end up with a suspension on my driver’s license?

Call us right away so we can help you get an Occupational Driver’s License (ODL).  This type of license will allow you to drive for essential needs during certain times and in certain areas. 

DPS will also require money and some other documents to legitimize your ODL but we will provide you with all that information.

 

I’ve started getting a lot of lawyer solicitations saying my case has been filed.  Can I check this for myself?

Yes. You can review the status of your case on the county website. Here is a link to Denton, Collin and Dallas county on-line record search:

Denton:

http://justice1.dentoncounty.com/PublicAccess/default.aspx

Collin:

http://cijspub.co.collin.tx.us/default.aspx

Dallas:

http://www.dallascounty.org/criminalBackgroundSearch/

 

I was arrested but I do not see my criminal record on-line.  Does that mean the case was dropped?

Probably not.  Depending on the county of arrest, most cases do not appear on-line until the charge has been filed and assigned to a particular court.

If you were recently arrested, there is a good chance that you will not see your case on-line right away.   All misdemeanors must go through an intake process and this takes time.  Felony cases must be reviewed by a Grand Jury and this also takes time.  Even if you were not recently arrested, the State of Texas has up to two years to file a misdemeanor case and three of more on felonies.

If you do not have an attorney, you can check on-line to see if your case is filed yet.  If you used a bondsman to get out of jail, they should also be able to help you with this when you call in each week.  Of course, it’s always best to hire an attorney to help you with any criminal case.  So give us a call or send us a contact form on our website.  We will be happy to help!

 

Will I have to get a breath test device on my car?

That depends on the DWI.  If it is your first DWI and you did not have a blood alcohol concentration (BAC) of .15 or higher at the time of testing, then no unless there are some grave extenuating circumstances.  However, if you have a prior arrest or conviction for DWI regardless of your BAC then yes.  In fact, many times you fall under one of these categories where a deep lung device (DLD) is required as a condition of bond, it is almost always required as a condition of any Occupational Driver’s License (ODL) you may need or any probation sentence you may receive.

 

 

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Kimberly Griffin Tucker, P.C.

Carrolton:
3740 N. Josey Lane
Suite 213
Carrollton, TX 75007
Office: (972) 492-2889
Fax: (972) 421-1742

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The Law Office of Kimberly Griffin Tucker serves clients throughout Texas, including Plano, Denton, Lewisville, Frisco, Flower Mound, Corinth, Lake Dallas, Trophy Club, Keller, Aubrey, Pilot Point, Ponder, Krum, Little Elm, The Colony, Westlake, Highland Village, Farmers Branch, Irving, Dallas, Denton County, Dallas County, Dallas, and Collin County.

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