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What happens to your driver's license after you are arrested for DWI?

Posted by Ed McClees | Aug 02, 2017

Police officers will often confiscate the driver's license of a person who they arrest for DWI.  Many people believe that this means that they can no longer drive.  The good news is that if you act quickly, you may be able to save your driver's license. 

It is true that the Texas Department of Public Safety will try to suspend your driver's license if you are arrested for DWI.  You can prevent an automatic suspension if you demand an Administrative License Revocation ("ALR") hearing within 15 days from the date of your arrest.  If you do not file the proper paper work in time, your license will be suspended.  If, however, you demand a hearing and file the proper paper work, your license cannot be suspended until a hearing takes place.  At that hearing, your lawyer can challenge whether the police properly stopped your car.  

It is also important to understand that the ALR hearing is not part of the criminal case.  In some situations it is possible to win your criminal case but still lose your license through the ALR proceeding.  It is important that you retain a lawyer who is well versed in both the criminal aspects of your DWI case and the intricacies of the ALR proceedings. Call us and we can explain how we can help you with both the criminal case and the ALR proceeding. 

About the Author

Ed McClees

Ed is a criminal trial lawyer who is Board Certified in Criminal Law by the Texas Board of Legal Specialization.  He is a former Harris County District Attorney where he served as chief of the Organized Crime Section, prosecuting cases involving complex organized criminal activities, including Fr...

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