DWI License Suspension in Austin
The Texas Department of Public Safety (DPS) suspends the driving privileges of everyone charged with DWI in Texas. After a DWI arrest in Austin, it is important to contest the DPS suspension by requesting an Administrative License Revocation (ALR) hearing within 15 days.
Every person charged with DWI in Travis County faces an automatic ALR suspension of their Texas driver’s license. The suspension takes effect approximately 40 days from the date of arrest. The ALR hearing is the only opportunity to contest the suspension.
- Is your license suspended after a DWI in Austin? Not immediately. You may still drive legally after an arrest. However, failure to request a hearing within 15 days will result in an automatic suspension. The suspension will go into effect approximately 40 days from the arrest date.
- How do I get my license back after a DWI arrest in Austin? The best way to get a driver’s license after a DWI arrest is to immediately request a replacement license through the DPS website. After the online request is processed DPS will send a new driver’s license card in the mail to the address on the card.
HOW LONG IS DRIVER’S LICENSE SUSPENDED FOR DWI IN AUSTIN?
After a first-time DWI arrest, Austin drivers face a suspension period of 3 months to 1 year. Drivers with prior DWI convictions (even outside of Travis County) face a suspension period of 6 months to 2 years. Factors that impact period of suspension include: Blood Alcohol Concentration, a child passenger under 15 years old, open containers, and accident, injury or fatality.
- Is your license suspended immediately after a DWI in Austin?Driving privileges are not immediately suspended after a DWI arrest. The Department of Public Safety’s suspension action takes approximately 40 days to be entered. Requesting an ALR hearing can delay the implementation of suspension further.
CAN YOU DRIVE WITH SUSPENDED LICENSE IN TEXAS?
It is illegal to drive with a suspended or invalid license in Texas. However, Texas driver’s with a license suspension following a DWI arrest can apply for an Occupational Driver’s License (ODL). An ODL is valid for all non-commercial driver’s to use during the period of suspension. Learn more.
- How much does it cost to reinstate a suspended license in Travis County?Reinstatement fees can vary, but are typically in the $125.00 – $150.00 range.
- Can I check my driver’s license status online?Yes, all Texans can search their driver license status in real-time on the Department of Public Safety’s website. Texas DPS allows drivers to check eligibility status and pay reinstatement fees online.
HOW LONG IS LICENSE SUSPENSION FOR MINORS IN TEXAS?
Underage drivers face a suspension period of 60 days to 6 months for a first-time DUI charge. Underage drivers with a BAC that exceeds .08 face a suspension period of 1 year, and underage drivers with prior DUI convictions face a suspension period of 18 months to 2 years. Learn more.
WHAT IS AN ALR HEARING IN AUSTIN?
Texas ALR hearings are administrative hearings with a judge, court reporter, and DPS attorneys. ALR hearings are an important component of a strong DWI defense. The ALR is the first opportunity to identify potential weaknesses in the State’s evidence.
- What happens at an ALR hearing? At an ALR hearing the Texas Department of Public Safety presents evidence in support of suspending a person’s driving privileges. DPS must prove the required elements by a preponderance of the evidence. This burden of proof is lower and easier to meet than other standards.
- What is implied consent in Austin? All drivers charged with DWI in Travis County are required to provide a specimen of their breath or blood when requested by law enforcement. The Texas Implied Consent law is an implied agreement between all Texas drivers and the State.
Best Austin DWI Lawyer
Trey Porter has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter also holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
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Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
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Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
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Trey Porter fought for me! I am a nurse and thought my career was over.
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Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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