Plano DWI License Suspension Lawyer
Helping Clients Prevent Loss of Driving Privileges
Individuals who are arrested for driving while intoxicated (DWI) are at risk of losing their driving privileges. A driver's license suspension can create major hardship in one's life, making it difficult for that person to get to work, complete work-related duties, travel to school, carry out family obligations and more. After a DWI arrest in Collin County, Texas, it is important to be aware that you have rights to challenge your driver's license suspension and your criminal charges. There are various ways in which a skilled
DWI attorney in Plano can help you increase your chances of keeping your driving privileges, or
driver's license restoration. My name is Troy P. Burleson, and I am a DWI attorney who has handled hundreds of cases for individuals accused of impaired driving. Read more to learn about DWI driver's license suspensions in Texas.
License Suspension Periods
Driver's license suspensions in Texas are overseen by the Administrative License Revocation (ALR) Program. License suspension can be given to those who fail breath or blood tests or who refuse to take these tests after arrest. Individuals fail breath or blood tests when the test results show that they have blood alcohol concentrations (BACs) of 0.08% of higher (or 0.4% for those with
commercial driver's licenses and any measure of alcohol for
drivers under age 21). The amount of time a license can be suspended depends on various factors, such as the driver's age and previous DWI history.
Here is a breakdown of the various suspension periods, as outlined by the Texas Department of Public Safety:
Failing a Breath or Blood Test
- 90-day suspension—First DWI offense
- 1-year suspension—For individuals who have previously received suspension for failing or refusing a breath or blood test; also for individuals who have been convicted for DWI, intoxication assault or intoxication manslaughter within the previous 10 years
Refusing a Breath or Blood Test
- 180-day suspension—First-time refusal
- 2-year suspension—For individuals who have previously received suspension for refusing to take a breath or blood test or failing such tests; also for those who have been previously suspended for a DWI, intoxication assault or manslaughter convictions within the past 10 years
Drivers who are under the age of 21 and commercial drivers are subject to different suspension periods than adults who do not hold commercial driver's licenses. These suspension periods are as follows:
Suspension for Drivers Under the Age of 21
- 60-day suspension—First offense for driving under the influence of alcohol (breath or blood test provided)
- 120-day suspension—For individuals who have been convicted in the past for driving under the influence of involving alcohol (breath or blood test provided)
- 180-day suspension—For individual who have two or more previous convictions for DWI involving alcohol (breath or blood test provided)
- 180-day suspension—First-time refusal of a breath or blood test after arrest for suspected DWI
- 2-year suspension—For individuals who have previously refused a breath or blood test after arrest or who have failed such tests; or for individuals who have received previous driver's license suspension for a DWI, intoxication assault or intoxication manslaughter conviction within the past 10 years
Disqualification for Commercial Driver's Licenses (CDLs)
- 1-year suspension—For commercial drivers who refused to take a breath or blood test; or for commercial drivers who provided breath or blood tests and received the following results:
- BAC of 0.04% or higher (when driving a commercial vehicle)
- BAC of 0.08% or higher (when driving any vehicle)
- BAC of 0.10% or higher (when driving any vehicle)
- 3-year suspension—Same circumstances as above, but the commercial driver was transporting hazardous materials
Challenging Your Driver's Licenses Suspension
After a person has been arrested for an alleged DWI offense, a law enforcement officer will confiscate the driver's license and then provide the driver with a notice of suspension and a temporary driving permit. The person who was arrested will have 15 days to request an ALR hearing to contest the suspension, which is also commonly known as a DMV hearing. If the request is not made within the 15-day timeframe, the person's license suspension will go into effect 40 days after the date the notice was received (which is generally the same day the individual was arrested).
There are many ways to successfully contest a driver's license suspensions, such as showing that there was a lack of probable cause for pulling the driver over, or that a law enforcement officer made certain errors during the arrest process. Individuals have a much higher chance of providing these facts when they are represented by knowledgeable legal counsel. Contact my office—The Law Office of Troy P. Burleson—so I can identify the best tactics for fighting for your driving privileges!
Need a lawyer for a license suspension in Collin County? Give me a call!