What Does an Administrative License Suspension Mean?

What Does an Administrative License Suspension Mean?

You may face an administrative license suspension after an arrest for driving while intoxicated (DWI). It is frequently called an administrative license revocation or ALR.

Common Reasons for a Suspension

This suspension takes place when:

  • A driver fails a blood or breath sample
  • A driver refuses to take a breath or blood test
  • The driver’s blood alcohol concentration or BAC is at least 0.08 percent while driving a non-commercial form of transport
  • The driver’s BAC is at least 0.04 percent while driving a commercial truck or vehicle

The ALR process is not part of the criminal proceedings related to your arrest. The state will suspend your driver’s license before the resolution of the criminal case.

Also, you have 15 days after you get a notice to suspend your license to schedule a hearing. If you don’t make the request, your license suspension will take effect after 40 days.

Winning Tactics and Results

At the hearing, you can show you’re innocent of the charged offense. Your DWI defense attorney can subpoena witnesses and show reasonable doubt.

You can win your ALR hearing if your lawyer can show inconsistencies between the testimony of witnesses and the reports, or if the state filed incorrect or incomplete paperwork.

If you can’t prove your innocence, the state will uphold your suspension, you’ll lose the privilege to drive until the end of the suspension period, and you must pay a fee for reinstatement of your license.

How Long Does a Suspension Last?notepad with license suspension written next to gavel

Your license suspension can range from 90 days to two years or more.

The amount of time depends on:

  • Your criminal history
  • BAC
  • Prior convictions

Even an amusement ride operator who gets arrested for public intoxication can face the suspension of their driver’s license. You need a DWI defense attorney to explain and protect all of your rights.

First Offense

For a first offense, a license suspense spans from 90 days (3 months) to one year. If you refuse your blood or breath test or your BAC is 0.15 percent, your suspension can last from 180 days to two years.

Second and Third Offenses

The suspension can last as long as two years for a second or third offense.

Aggravating Factors

Your suspension can last even longer for aggravating factors. Examples include having a child in the car or getting involved in an accident.

Prior DWI Convictions

If you have had a DWI conviction within the last ten years, your suspension might last 180 days to two years.

Appealing a Suspension

For example, in the Lone Star State, the Texas Department of Public Safety (DPS) oversees the administrative license revocation process, which, again, is separate from criminal punishments.

Again, the suspension takes effect after 40 days from the date of your arrest if you don’t request a hearing. You can appeal a suspension within 30 days of the hearing outcome.

Potential Consequences of an ALR Houston CDL License Suspension Lawyer

An ALR can have several serious consequences, including:

Loss of Driving Privileges

If you lose your driving privileges, you’ll find it difficult to get to work and take care of daily obligations, such as picking the kids up from school. Without this ability, you may find everyday activities incredibly challenging.

Issues with Your Employer

A license suspension can even cause you to lose your job, especially if you drive a commercial vehicle or your job requires daily travel. If this happens, you might have to seek a new job. An administrative license suspension for DWI can make landing a new job a real burden.

Increased Insurance Premiums

Insurance companies often increase rates for drivers with administrative license suspensions. This can impose hardship on your overall transportation costs when you can drive again. This is also true when you have a DWI.

Problems With Renting Housing

A landlord is less prone to rent to people with bad driving records. So, you might lose your job and have problems finding shelter. These consequences, indeed, can change your quality of life.

Issues with Personal Relations

If you get in trouble for DWI and lose your driving privileges, it can hurt your relations with people in your household as well. Sometimes, all these difficulties cause a problematic chain reaction.

Why You Need a DWI Lawyer

When faced with an administrative license suspension, contact a DWI lawyer who can help with the ALR process. Your lawyer will serve as your advocate when dealing with a DWI and your license suspension. They can do this in several ways.

Understanding Your Rights

Your defense attorney will explain the criminal and civil legal process and what rights you have as a driver. They will work to make sure the state respects and preserves your rights. They will review all the factors of your DWI arrest to confirm the state handled everything properly.

Contesting the License Suspension

If you believe your suspension is unfair, or there isn’t enough evidence, a DWI defense lawyer with experience with these cases can contest the suspension. They can get your case dismissed, or they’ll work with the prosecution to reduce your DWI charges.

Safeguarding Your Future

Again, a license suspension can lead to long-term implications, affecting insurance rates, employment, and your ability to rent or purchase a home. A DWI lawyer can help you mitigate these risks.

Additional Considerations

If you have a history of DWIs, you receive more severe penalties. For example, as part of the ALR process, you may have to install an ignition interlock device (IID) on your car. The device will prevent you from starting your auto if your breath alcohol content is too high to drive.

If you hold a commercial driver’s license CDL, you’ll receive stricter penalties and may even lose your job.

Contact a DWI Lawyer Near You TodayKelly Benavides

An administrative license suspension can indeed have a big impact on your life. That’s why you need legal support. Obtaining it will protect your rights and minimize the repercussions of an ALR. 

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