DWI DMV License Hearings, Driver's License Suspensions in Austin

SCROLL DOWN FOR INFORMATION ON OCCUPATIONAL DRIVER'S LICENSES

What happens to my Texas Driver's License at a DWI Arrest? At a DWI arrest, an officer will take your Texas Driver's License, rendering it suspended. The police officer will hand you a temporary license, good for a short period of time, after which you will not be able to legally drive without a valid license.

What should I do after I get my DWI? Call an Austin Criminal Defense Lawyer or Texas Attorney as soon as possible. The DMV allows 10 days until the DMV DWI hearing, at which an administrative judge or panel will determine whether your Texas Driver's License will be suspended. Don't delay beyond the 10th day, or you will have been deemed to give up or waive the right to contest the driver's license suspension.

What happens at my DMV DWI Hearing? At the DMV DWI hearing, typically the arresting officer is called to testify whether there is sufficient evidence to suspend the Texas Driver's License. The officer is subject to cross examination by an attorney.

What if I miss my DMV DWI Hearing, or I did not know I had one? Generally, the hearing cannot be held again once the time limit has expired.

What are the benefits to having an attorney hired for the DMV DWI Hearing? The major benefit is an attempt to save your Driver's License after the DWI. As a seconary benefit, the officer testifying at the DMV hearing will typically be the same one at the DWI jury trial, so it allows a glimpse into that officer's testimony at trial.

Occupation Driver's License in Texas 

When your license is suspended you may be eligable for a Texas occupational license. An occupational driver's license allows you to operate a non-commercial motor vehicle:

• to go to work and for your employment;
  
• for your educational needs, such as to and from school; and, 
  
• to carry out essential household duties.

An occupational license can be requested at your local courthouse or the court where the suspension originated (if due to an offense). A judge can grant you the occupational order by signing a Petition and Order Granting a Temporary License.

In order to obtain an occupational driver's license, your lawyer will need to set up a court date at which you can receive certified copies of both the petition and the court order that grants the occupational license.

Once you have the court paperwork, the occupational driver's license can be filed in the courthouse, typically for a fee, in order to be certified. You'll also need to obtain an SR-22 certificate of insurance; no other forms of proof of insurance will suffice.

Lastly, an occupational license requires resinstatement fees to be paid at the time of filing the materials with the DPS. The amount is dependant on the reason for the suspension and other surcharge issues.

HOW CAN I GET AN OCCUPATIONAL DRIVER'S LICENSE

IN SUMMARY, in addition to having an attorney draft the petition and order, you'll need the following to be granted an occupational driver's license in texas:

• SR22 Insurance (even if no DWI or Alcohol offense was ever committed)
  
• Occupational License Contact Information Form (SR-37)
  
• Filing Fees of ~$245 (for Travis County, $220 Filing Fee + $5 per first page certified, and then $1 per page thereafter).
  
• Interlock Ignition Device if DL is suspended for a DWI offense (only certain courts require this)
• Letter from Employer & DPS Driving Abstract (Record) (only certain courts require this)

 

*Lastly, certain offenses or a history of certian offenses, such as multiple DWI's or Vehicular Manslaughter convictions can prevent you from obtaining an Occupational Temporary Driver's License.

WHAT IS THE PROCEDURE FOR OBTAINING  AN OCCUPATIONAL LICENSE?

Once you've retained our office, we prepare a Petition and Order. The Petition must be notorized before presented to the Court. You obtain the necessary documentation (listed above), and the Petition and Order is then filed with the Clerk's Office along with the appropriate fees. That Order is valid for 30 days, during which the materials listed above are forwarded to Texas DPS Office for filing. Within 30 days (assuming timely filing with DPS), you'll receive your Occupational Driver's License, valid for either one or two years from the date of the Order.

 

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