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Driver's License Issues

Austin Suspended License Defense Lawyer

Let Our Firm Fight for Your Rights & Driving Privileges

After getting arrested for a DWI in Texas, your driver’s license will be confiscated. Remember, you only have 18 days from your arrest date to request an Administrative License Revocation (ALR) hearing before your license is suspended! One of the most important things to do in order to get your driving privileges back is to hire an experienced criminal defense lawyer.

At The Law Office of Will Mitchell, we specialize in intoxication defense and have helped many clients get their driver’s license back or obtain some form of restricted driving, giving them the ability to commute to and from work, school, or other important appointments. Attorney Will Mitchell has over 18 years of experience protecting the rights and freedom of clients throughout Austin, Travis County, and Central Texas. He knows what it takes to get the best possible outcome inside and outside the courtroom.

Call us today at (512) 858-8611 and request a free initial consultation. 

FAQs About DWI Suspended License in Texas

What is Implied Consent?

In Texas, the legislature enacted what is known as an “Implied Consent” law. Almost every state in the nation has this policy. “Implied Consent” means that every person who has received a driver’s license accepted it on the condition that if law enforcement ever requests a sample of your breath or blood, then you will provide it for them. Obviously, nobody is ever told this when you apply for or receive a driver’s license.

What is the Statutory Warning?

When you are investigated for DWI in Texas, and then arrested, the officer reads you the DIC 24 “Statutory Warning.” This piece of paper explains the applicable portions of the Texas Transportation Code regarding your license consequences of refusing the breath test and is required by law to be given to the suspect.

How long will my license be suspended?

The break down is divided by age, split between Refusals under 21 and Refusals over 21. If you are 21 or older and you refuse to provide a specimen, your license may be suspended for 180 days for a first offense. If you are over 21 and you blow over a .08 your license may be suspended for 90 days for a first offense. Minors could face a 180-day suspension for a breath test refusal and 60 days for a breath test failure on a first offense DWI. If it’s a subsequent offense, drivers could receive a two-year suspension.

Where is my driver’s license?

When you are released from jail, you should have in your release paperwork a DIC 25 “Notice of Suspension.” This is your TEMPORARY DRIVING PERMIT because your driver’s license has been confiscated. The very last paragraph on the DIC 25 is very important. It tells you how to request a hearing on your license prior to suspension. If you do not request a hearing within 18 days of your arrest, your license will be automatically suspended 40 days from your arrest date. Therefore, it is so important for you to contact a DWI lawyer immediately after you are arrested. I will request this hearing for you and set in motion the necessary procedures for effective representation to win the driver’s license hearing.

What is a driver’s license hearing?

The license hearing will usually be referred to as the ALR, short for Administrative License Revocation. The ALR is important in your DWI case. The outcome does not affect the outcome of your DWI case. However, we can request paperwork and discovery in the ALR hearing from DPS that will be the same information used against you at your DWI trial. The ALR is typically much earlier in the process than the DWI resolution so we can get ahead of the opposition sooner.

What happens at the ALR hearing?

At the ALR, DPS has to prove three things in order to suspend your driver’s license. First, they have to show that the officer had reasonable suspicion to stop your vehicle. Reasonable suspicion means the police officer had reasonable, articulable facts to believe criminal activity has occurred or is likely to occur. Speeding, for example, qualifies as reasonable suspicion. Weaving within your lane arguably does not qualify as reasonable suspicion. Next, DPS must prove the officer had probable cause to arrest you for DWI. Probable cause is defined as being more likely than not an offense has been committed. If you fail a field sobriety test, or refuse to take field sobriety test, and admit to drinking alcohol, then this could be enough for an officer to have probable cause. Finally, DPS must prove either you took the breath test and blew over a .08, or you refused to take the breath test. If we can fight anyone of these three things, then we will win your ALR hearing, and you will not face a driving suspension.

What happens if my driver’s license is suspended?

If DPS proves these three things, and your license is suspended, everything is still okay. If it is your first offense, we can get an Occupational License right away to allow you to drive to work, the doctor, school, and the grocery store, and other places required to carry out essential house hold duties. Also, because we subpoenaed the police officers involved, we have an opportunity to cross-examine them about their case and lock them into their side of the story. If they change their testimony at trial, we can impeach them with their testimony from the ALR.

What if the officer doesn’t come to the ALR hearing?

If the officer doesn’t answer the subpoena, meaning the officer didn’t show up to the ALR, then DPS may have to dismiss your ALR and your license will not be suspended.

Facing DWI charges in Austin, Travis County, or Central Texas? Contact us today to learn more about our experienced legal services. 

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  • "I would highly recommend Will as he will fight for you."
    Will got my DWI charge dismissed in lieu of a reduced charge of obstruction of highway passage. I did test over .08 so I chose not to go to trial but there were a few other factors with my case compelling the prosecution to lower my penalties and probation to 15mo; at which time my obstruction charge will also be dismissed. I was able to take care of all my classes, evals, and community service prior to ever seeing the judge so I think that helped my case. Will and Olivia were eager to help me understand what was happening and answered all my calls and emails very promptly. I would highly recommend Will as he will fight for you.
    Todd
  • "Best law firm hands down."
    Best law firm hands down. Super patient. Super professional. I live in Dallas, TX and Mr. Will Mitchell took care of everything for me without having to travel! Highly recommend his services!
    Catie
  • "Working with you made the process go smoothly."
    It was a long, long road, but working with you made the process go smoothly. You and Olivia really helped to reduce the stress around having to deal with an event like this.
    P.O.
  • "Will is a fantastic lawyer."
    Will is a fantastic lawyer. He is detail-oriented, organized, responsive, knows the law well, and is very connected in Texas. His office support is top-notch as well. I would hire him again in a heartbeat, although I hope that's never needed.
    Former Client
  • "He has the knowledge and patience to come up with a personalized plan of action."
    Attorney Will Mitchell can help! Expedient, Professional, and just a good guy to talk to when the chips are down. He has the knowledge and patience to come up with a personalized plan of action.
    A.B. on Google
  • "Highly knowledgeable with the utmost professionalism."
    Greatest Criminal Defense Attorney! Highly knowledgeable with the utmost professionalism. I was charged with a DWI 2. Attorney Will worked very hard for me and got it reduced to a DWI one, no probation, no fines, just court costs. I couldn’t ask for a better attorney!
    K.L.
  • "His knowledge and poise in the courtroom helped to show that the charges were inaccurate."
    Will was able to defend me and have all charges rightfully dropped. His knowledge and poise in the courtroom helped to show that the charges were inaccurate. Communication with email and by phone was great and all at a fair price. I appreciate Will assisting me with helping to defend my reputation and innocence!!! 5 stars for sure!
    R.N. on Google
  • "He worked to have the charges against me reduced significantly!"

    Will is great representation. He worked to have the charges against me reduced significantly!

    Randall V.